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Fluctuating Workweek Final Rules

Jones Day

DOL Steadies Fluctuating Workweek Rule

Jones Day on

A Department of Labor rule provides that payments other than fixed salary are compatible with the fluctuating workweek method of calculating overtime pay under the FLSA. The Department of Labor's Final Rule, which took...more

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

Fluctuating Workweek Redux: Department of Labor Finalizes Revised Methodology

On June 8, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published its revised fluctuating workweek methodology regulation for calculating overtime in the Federal Register. The new final rule goes...more

DirectEmployers Association

OFCCP Week In Review: June 2020 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Epstein Becker & Green

#WorkforceWednesday: Office Building Guidance, OSHA Steps Up, “Fluctuating Workweek” Rule - Employment Law This Week®

It's #WorkforceWednesday. Here’s the week’s top workforce management and employment law news: CDC Issues Office Building Reopening Guidance The Centers for Disease Control has issued guidance for employers reopening office...more

Smith Anderson

DOL Clarifies Requirements for Overtime Pay in Fluctuating Workweeks

Smith Anderson on

The federal Department of Labor (DOL) has issued a final rule that will revise a Fair Labor Standards Act regulation to clarify that an employer may provide bonuses, premium pay, and hazard pay to non-exempt employees when...more

Stokes Wagner

Clarity for the Fluctuating Workweek

Stokes Wagner on

The fluctuating workweek formula applies to nonexempt, salaried employees whose hours vary widely from week to week. The formula allows employers to pay overtime hours at diminishing rates as long as they pay workers a...more

DirectEmployers Association

OFCCP Week In Review: May 2020 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Foley Hoag LLP

Department of Labor Permits Payment of Incentive Compensation by Employers Using Fluctuating Workweek

Foley Hoag LLP on

On May 20, 2020, the United States Department of Labor (DOL) released a Final Rule authorizing employers that use the “fluctuating workweek” method for calculating employees’ regular rates of pay to award employees additional...more

ArentFox Schiff

As Employers Begin to Reopen, DOL Issues Final Rule Clarifying Fluctuating Workweek Overtime Compensation Method

ArentFox Schiff on

On May 20, 2020, the US Department of Labor (DOL) announced a final rule that clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method under the Fair Labor...more

Seyfarth Shaw LLP

Frosty, the Gig Worker Performing Work Outside the Usual Course of the Hiring Entity’s Business: 2019 Year in Review

Seyfarth Shaw LLP on

‘Twas the week before Christmas, in a year for the ages. So here’s our latest recap of hours and wages. The letters and laws. The regulations and cases. A year’s worth of matters that impacted workplaces....more

Seyfarth Shaw LLP

Think You Are Exempt? New FLSA Salary Thresholds Affect California Employers, Too.

Seyfarth Shaw LLP on

Seyfarth Synopsis: Changes to the FLSA regulations increasing the minimum weekly salary for exempt employees will impact California employees who currently are being paid less than $47,476 per year. Wise employers will start...more

Foley & Lardner LLP

DOL’s Increased Salary Test: What Employers Need to Know

Foley & Lardner LLP on

For months, employers have been anxiously awaiting the Department of Labor’s (DOL’s) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA) and wondering whether the DOL would pass the rule as...more

Fisher Phillips

Fuzzy Thinking About Fluctuating-Workweek

Fisher Phillips on

In 2011, the U.S. Labor Department did its best to discourage the use of fluctuating-workweek pay plans under the federal Fair Labor Standards Act. It undertook this in a grab-bag release collectively titled "Final Rule",...more

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