On March 28, 2019, the Department of Labor (DOL) announced a proposed rule change to amend regulations that define an employee’s “regular rate” under the Fair Labor Standards Act (FLSA). Generally, the FLSA requires overtime pay of at least one and one-half times the “regular rate” of pay for hours worked in excess of 40 hours per workweek. The FLSA regulations define what forms of payment should be included and excluded from an employee’s regular rate, which, in turn, has a significant effect on an employee’s overtime rate.
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