Regular Rate

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

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

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

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