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Department of Labor (DOL) Cash-in-Lieu of Benefits

Parker Poe Adams & Bernstein LLP

Cashed Out Benefits Must Be Included in Regular Rate When Calculating Overtime Premium

Overtime paid to non-exempt employees under the Fair Labor Standards Act must be at time and one-half of the employee’s “regular rate.” The regular rate includes most compensation paid to the employee, such as bonuses and...more

Best Best & Krieger LLP

Ninth Circuit Shakes Up Regular Rate-of-Pay Calculations in Flores v. City of San Gabriel

Employers May Need to Restructure “Cash in Lieu of” Payments - The City of San Gabriel was underpaying its police force by miscalculating their regular rate of pay, the U.S. Ninth Circuit Court of Appeals held in...more

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