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Over-Time Non-Exempt Employees 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

Ruder Ware

Payment for Not Taking Benefits – Additional Compensation

Ruder Ware on

A recent decision in the Ninth Circuit Court of Appeals has highlighted another problem with determining the rate of pay for paying overtime hours worked by non-exempt employees. Under the Fair Labor Standards Act,...more

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