News & Analysis as of

Over-Time Fair Labor Standards Act (FLSA) Rate of Pay

McGlinchey Stafford

Proposed Legislation to Reduce Workweek to 32 Hours

McGlinchey Stafford on

Recently, Vermont Senator Bernie Sanders introduced proposed legislation that would reduce the standard workweek in the United States from 40 to 32 hours. The Bill, titled the “Thirty-Two Hour Workweek Act” (the Act), would...more

Fox Rothschild LLP

What Is Included In The Regular Rate For Overtime Calculation? The Ninth Circuit Weighs In

Fox Rothschild LLP on

I am always interested in cases that analyze what payments should and should not be included in the regular rate. These issues are important to employers because their overtime liability/exposure can be dramatically inflated...more

Warner Norcross + Judd

No Good Deed Goes Unpunished: Uptick in FLSA Litigation Over Attendance Bonuses

Warner Norcross + Judd on

In the wake of the pandemic, some employers — opting for the carrot over the stick — have started offering weekly attendance bonuses to incentivize a return to the office. We have recently seen an uptick in employee-filed...more

Weintraub Tobin

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

Weintraub Tobin on

I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...more

Foley & Lardner LLP

Remember to Include Non-Discretionary Income When Calculating Overtime Pay Under the FLSA

Foley & Lardner LLP on

One of the most common mistakes made by employers is the failure to properly calculate the regular rate when paying overtime compensation to employees under the Fair Labor Standards Act (FLSA). The FLSA is a cornerstone of...more

Fox Rothschild LLP

The “Regular Rate” For FLSA Purposes Can Be A Confusing Concept For Employers And An Expensive One!

Fox Rothschild LLP on

I read an interesting post by Frank Shuster of Constangy, Brooks, Smith on the thorny and often misunderstood issue of the “regular rate” and what that concept entails for compliance with the FLSA. Many employers,...more

Constangy, Brooks, Smith & Prophete, LLP

“Regular rate” mistakes are low-hanging fruit. Is yours ripe for picking?

In the past week, a class action lawsuit was filed against Anheuser-Busch, alleging various violations of California’s wage and hour laws. You may ask, “What’s newsworthy about that? Aren’t hundreds of such lawsuits filed...more

Jackson Lewis P.C.

An Employer May Not Artificially Reduce an Employee’s Regular Rate to Avoid Paying Overtime, Eleventh Circuit Reiterates

Jackson Lewis P.C. on

Reviving a security guard’s claim for overtime pay, the Eleventh Circuit Court of Appeals recently reiterated that employers may not pay employees an artificially low regular rate of pay to avoid paying the proper amount of...more

McGlinchey Stafford

Is My Contract Specific Enough to be Enforceable? - McGlinchey Commercial Law Bulletin - May 26, 2023

McGlinchey Stafford on

The U.S. Environmental Protection Agency (EPA) says it has taken its first-ever Clean Water Act (CWA) enforcement action against water pollution by so-called “forever chemicals” from a West Virginia chemical plant. On April...more

Fox Rothschild LLP

Compliance With The FLSA Is Not Enough—Be Aware Of State Laws As Well!

Fox Rothschild LLP on

I always tell clients it is not enough to “merely” comply with the Fair Labor Standards Act on wage-hour issues. I always tell them that they must comply with State law, which may (often) be stricter than the federal law and...more

Fisher Phillips

Top 10 Ways Employers Can Avoid Regular Rate Wage Mistakes On Their 2023 Resolutions Lists

Fisher Phillips on

When the US Department of Labor’s Wage and Hour Division published a Final Rule on the regular rate in late 2019, it gave employers the freedom to more easily offer perks and benefits to their employees without running afoul...more

Fox Rothschild LLP

Not Including Promised Bonuses In Regular Rate A Big No-No!

Fox Rothschild LLP on

It is black letter FLSA canon that a promised bonus, such as a production bonus, or longevity bonus, must be included in the regular rate of employees who work overtime for the period of time covered by the bonus. This maxim...more

Constangy, Brooks, Smith & Prophete, LLP

Can you make $200K a year and still get overtime? We’ll know soon.

The U.S. Supreme Court will soon decide whether a supervisor who was paid a daily, rather than a weekly, rate and earned more than $200,000 a year is exempt from the overtime provisions of the federal Fair Labor Standards...more

Ruder Ware

Make Sure Overtime is Calculated Correctly

Ruder Ware on

The Fair Labor Standards Act provides an employee should receive compensation for overtime hours at a rate “not less than one and one-half times the regular rate at which he is employed.” 29 U.S.C. § 207(a)(1). This is a...more

Morgan Lewis

Pennsylvania Amends Overtime Rate Calculations for Salaried, Nonexempt Employees

Morgan Lewis on

Pennsylvania employers with salaried, nonexempt employees working in the commonwealth may need to adjust how they calculate overtime premiums for these employees in light of amendments to the Pennsylvania Minimum Wage Act...more

Haynsworth Sinkler Boyd, P.A.

Bonuses & Calculating an Employee’s Regular Rate of Pay for Overtime

The Fair Labor Standards Act (FLSA) requires that non-exempt employees be paid no less than time and one-half their regular rate of pay for all hours worked over 40 hours in a workweek. How should an employer calculate an...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: The Fair Labor Standards Act (overtime)

Second of two on the FLSA. NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, the second...more

Fisher Phillips

7 Biggest Wage and Hour Landmines for Healthcare Employers – and Your Blueprint for Avoiding Them

Fisher Phillips on

For years now, healthcare employers have been particularly attractive targets when it comes to wage and hour compliance actions. Not only is the industry one of the largest in the country, there are some issues unique to...more

Fox Rothschild LLP

When Do Expense Reimbursements Get Included In The Regular Rate For FLSA Overtime Purposes—Maybe The Supreme Court Will Tell Us?

Fox Rothschild LLP on

The issue of whether expense reimbursements should be included as “wages” when computing the regular rate for overtime has been around for many years. Sometimes, an employer will seek to “disguise” wages as expenses in order...more

Jackson Lewis P.C.

Auto Technicians’ Pay Structure May Have Been Convoluted, But It Was Still A Bona Fide Commission Plan, Seventh Circuit Concludes

Jackson Lewis P.C. on

Although the employer’s pay system for its auto repair technicians was complicated and at times redundant, it nevertheless constituted a bona fide commissions compensation method subject to exemption from the overtime pay...more

Morgan Lewis

California Supreme Court: Meal, Rest, and Recovery Period Premiums Must Be Calculated Based on Hourly and Nondiscretionary Wages

Morgan Lewis on

The California Supreme Court ruled on July 15 that California employers must calculate nonexempt employees’ meal, rest, and recovery period premium payments based on both hourly wages and any other nondiscretionary wage...more

Morgan Lewis

Virginia Enacts Expansive New Overtime Law

Morgan Lewis on

The Virginia Overtime Wage Act imposes a state law obligation to pay overtime and expands upon the federal Fair Labor Standards Act in several important areas. Virginia Governor Ralph Northam recently signed into law the...more

Hogan Lovells

Virginia’s new Overtime Wage Act increases potential exposure to Virginia employers for wage and hour claims

Hogan Lovells on

Last year, we discussed several major changes made to Virginia employment laws that provided new protections and rights to employees. Once again, another significant change will occur on July 1, 2021 ...more

Proskauer - Law and the Workplace

Fifth Circuit Confirms Burden of Proof on Regular Rate Miscalculation Claim

On September 2, 2020, the Court of Appeals for the Fifth Circuit held that employees bear the burden of proof on whether bonuses should have been included in the regular rate of pay for purposes of calculating overtime...more

Jackson Lewis P.C.

Fifth Circuit Creates Circuit Split On FLSA’s “Regular Rate” Burden, Addresses Inclusion Of Bonuses

Jackson Lewis P.C. on

With specific, limited exceptions set forth in Section 207(e) of its regulations, the Fair Labor Standards Act (FLSA) requires that all compensation provided to a non-exempt employee must be included when determining the...more

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