What employers often miss when calculating proper overtime is that they must include in the regular rate different kinds of supplemental payments that non-exempt people receive. If they do not
Continue Reading Bonuses Must Be Included In Regular Rate For Non-Exempt Employees: Another Cautionary Tale?Regular Rate
Cryptocurrency And The FLSA: Is The Law Catching Up To The Modern Financial World?
By Mark Tabakman on
I read an interesting article by Justin Brown and Lisa Schreter of Littler Mendelson about the usage of cryptocurrency as a way of paying employees. As if those of us…
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When Do Expense Reimbursements Get Included In The Regular Rate For FLSA Overtime Purposes—Maybe The Supreme Court Will Tell Us?
By Mark Tabakman on
The issue of whether expense reimbursements should be included as “wages” when computing the regular rate for overtime has been around for many years. Sometimes, an employer will seek to…
Continue Reading When Do Expense Reimbursements Get Included In The Regular Rate For FLSA Overtime Purposes—Maybe The Supreme Court Will Tell Us?
COVID Related Wage Increases Includible In Regular Rate In FLSA Overtime Case
By Mark Tabakman on
I have blogged many times about cases where relatively small amounts of compensation, bonus type compensation, are not included when an employer calculates the regular rate for overtime and a…
Continue Reading COVID Related Wage Increases Includible In Regular Rate In FLSA Overtime Case
Need For Too Much Individual Scrutiny Defense Fails: A Real Bummer!
By Mark Tabakman on
The employer who is fighting a collective or class action must make the argument that there is too much of a need for individual scrutiny to allow a class to…
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Disturbing Ninth Circuit Holding On Inclusion Of Per Diem Expense Reimbursement In FLSA Regular Rate
By Mark Tabakman on
As a general rule, employee expense reimbursements are not includible in the regular rate for purposes of overtime computation. When the reimbursements, however, are unreasonable or out of whack (i.e.
Continue Reading Disturbing Ninth Circuit Holding On Inclusion Of Per Diem Expense Reimbursement In FLSA Regular Rate
Great Fifth Circuit Decision On Exclusion Of Bonus From Regular Rate Under FLSA
By Mark Tabakman on
I have often blogged about the thorny issue of bonuses under the FLSA and when those bonuses must be included in the regular rate of employees for overtime purposes. The…
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USDOL Clarifies the Fluctuating Work Week Method of Paying Overtime and Its Relationship to Provision of Bonuses: Keep Those Interpretations Coming!
By Fox Rothschild LLP on
The USDOL has been pretty busy lately issuing new rules and interpretations about FLSA issues, including vague, nuanced issues like the inclusion (or not) of bonuses in the regular rate…
Continue Reading USDOL Clarifies the Fluctuating Work Week Method of Paying Overtime and Its Relationship to Provision of Bonuses: Keep Those Interpretations Coming!
USDOL Issues Opinion Letter on Inclusion of Longevity Bonus in the Regular Rate
By Mark Tabakman on
The USDOL has been quite busy lately in issuing regulations and other guidance relating to the provisions in the Families First Coronavirus Response Act. With that said, the “regular” business…
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USDOL Opinion Letter on Bonuses Shows the New Vitality of This Important Instructional Tool
By Mark Tabakman on
The USDOL is busy again issuing Opinion Letters and has again turned its focus to the issue of inclusion/exclusion of bonuses into the regular rate for purposes of overtime computation. …
Continue Reading USDOL Opinion Letter on Bonuses Shows the New Vitality of This Important Instructional Tool