News & Analysis as of

Over-Time Wage and Hour Per Diem

Jackson Lewis P.C.

DOL Opinion Letter Addresses Expense Reimbursement and Regular Rate

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has released an opinion letter addressing whether per diem expense payments for tools and equipment may be excluded from the hourly rate when calculating overtime pay under the Fair Labor...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

Seyfarth Shaw LLP

Certain Per Diem Payments Increase The FLSA Regular Rate

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Ninth Circuit has held that a weekly per diem benefit paid by a healthcare staffing agency to its traveling clinicians is a wage that increases the employee’s regular rate used to calculate overtime...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Per Diems and Wages

This week, we take a look at the Court’s decision attempting to navigate the fine line between employer payments that reimburse employees for expenses—and thus need not be considered in calculating the employees’ overtime...more

Parker Poe Adams & Bernstein LLP

Tenth Circuit Says FLSA Overtime Rate Does Not Include Reasonable Per Diem Meal Pay

Under the Fair Labor Standards Act, overtime pay is calculated based on the employee’s “regular rate.” The regular rate includes not just base compensation, but bonuses, incentive pay, commissions and other forms of cash and...more

Pullman & Comley - Labor, Employment and...

Importance of Establishing An Employee’s Regular Rate of Pay

Overtime pay is calculated at a rate of one and one-half times a non-exempt employee’s regular rate, a well-known formula which obviously depends on establishing the employee’s regular rate of pay. This should ordinarily be...more

Littler

California Legislative Update: It's Now Up To The Governor

Littler on

The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some...more

Franczek P.C.

Department of Labor Press Release Highlights Heightened Scrutiny of "Per Diem" Payments

Franczek P.C. on

Last year, the DOL announced an eye-popping $2 million Fair Labor Standards Act (FLSA) settlement with Hutco, Inc, a labor services firm, for Hutco’s miscalculation of “per diem” payments to temporary workers and contractors....more

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