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Fair Labor Standards Act (FLSA) › Performance Incentives

Fox Rothschild LLP

Great Fifth Circuit Decision On Exclusion Of Bonus From Regular Rate Under FLSA

Fox Rothschild LLP on

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 crucial test is whether the bonus is discretionary,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Approves Use of FWW Method for Pay That Varies Due to Performance-Based Commissions

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The First Circuit Court of Appeals recently affirmed a lower court’s decision that an employer may use the fluctuating workweek method to calculate overtime pay rates even when an employee’s weekly pay varies because of...more

Seyfarth Shaw LLP

Affirming Common Sense: Appeals Court Rejects Plaintiff’s “Two Rights Make A Wrong” Theory Involving Fluctuating Workweek Method

Seyfarth Shaw LLP on

The U.S. Court of Appeals for the First Circuit recently sided with an ever-increasing line of cases clarifying the type of payments that may be added to a fixed salary without violating the fluctuating workweek method...more

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