I read an interesting post by Frank Shuster of Constangy, Brooks, Smith on the thorny and often misunderstood issue of the “regular rate” and what that concept entails for compliance
Continue Reading The “Regular Rate” For FLSA Purposes Can Be A Confusing Concept For Employers And An Expensive One!
It is black letter FLSA canon that a promised bonus, such as a production bonus, or longevity bonus, must be included in the regular rate of employees who work overtime
Continue Reading Not Including Promised Bonuses In Regular Rate A Big No-No!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?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
Continue Reading Cryptocurrency And The FLSA: Is The Law Catching Up To The Modern Financial World?
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?
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
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
Continue Reading Need For Too Much Individual Scrutiny Defense Fails: A Real Bummer!
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
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
Continue Reading Great Fifth Circuit Decision On Exclusion Of Bonus From Regular Rate Under FLSA
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!