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Per Diem Corporate Counsel

Stoel Rives - World of Employment

Ninth Circuit Rules That Per Diem Payments Must Be Included in Regular Rate Under the FLSA

It’s common knowledge that an employee’s overtime rate is “time and a half” the regular rate of pay.  But that truism begs the question: what exactly is the regular rate of pay?  Earlier this week, the Ninth Circuit analyzed...more

BakerHostetler

Ninth Circuit Holds Employee Expense Per Diem Can Constitute ‘Wages’ to Determine the Regular Rate

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In a case involving two certified classes, the Ninth Circuit Court of Appeals concluded this week that an employer’s per diem paid to traveling employees to reimburse for the cost of meals, incidentals and housing while...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

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