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

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

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!

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

Employers always have difficulty knowing what sums should be included in calculation of the regular rate and many employers unwittingly walk themselves into trouble by not knowing the intricacies of
Continue Reading New DOL Rule Adapts The Law To The Modern Workplace By Eliminating Certain Perks From Regular Rate Calculation