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
Continue Reading USDOL Issues Opinion Letter on Inclusion of Longevity Bonus in the Regular Rate
Regular Rate
USDOL Opinion Letter on Bonuses Shows the New Vitality of This Important Instructional Tool
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
New DOL Rule Adapts The Law To The Modern Workplace By Eliminating Certain Perks From Regular Rate Calculation
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
New DOL Proposed Rule Will Affect What Is included (or Not) in Regular Rate for Overtime Calculation
Even the most well-intentioned employer who wants to comply with the FLSA will have trouble, as there are many gray, nuanced provisions and regulations in this law, especially on overtime…
Continue Reading New DOL Proposed Rule Will Affect What Is included (or Not) in Regular Rate for Overtime Calculation
Attempt at “Blended” Overtime Defense Fails in FLSA Case in Fourth Circuit
An interesting decision just issued involving an employer who attempted to use a blended compensation system to pay employees overtime. A federal appellate court ruled, however, that this system did…
Continue Reading Attempt at “Blended” Overtime Defense Fails in FLSA Case in Fourth Circuit
Sales Representatives Get Certification On Failure To Include Commissions In Overtime Class Action: A Cautionary Tale
It is vital for employers to remember that when non-exempt employees earn commissions, those commissions must be included in the computation of their regular rate when they work overtime. The…
Continue Reading Sales Representatives Get Certification On Failure To Include Commissions In Overtime Class Action: A Cautionary Tale
What The New DOL Rulings/Regulations May Bring?
I have blogged about some USDOL initiatives of late and see they are picking up some momentum with further developments coming down the line. The agency is going to revise…
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Regulatory Agenda of Trump Administration Indicates Significant DOL Changes
The Trump Administration has issued its regulatory agenda, which is a semi-annual statement of the short- and long-term policy plans of government agencies. The DOL is at the forefront of…
Continue Reading Regulatory Agenda of Trump Administration Indicates Significant DOL Changes
Renaissance of USDOL Opinion Letters Is An Encouraging Development
Continue Reading Renaissance of USDOL Opinion Letters Is An Encouraging Development
FLSA Lawsuit Against Quest Diagnostics Alleges Failure To Include Non-Discretionary Bonuses In Regular Rate
When employers calculate overtime, and what the regular rate will be for the overtime, they must ensure that they include all “extra” payments, like commissions, or earned or promised bonuses,…
Continue Reading FLSA Lawsuit Against Quest Diagnostics Alleges Failure To Include Non-Discretionary Bonuses In Regular Rate