News & Analysis as of

Rate of Pay Fair Labor Standards Act (FLSA)

Bradley Arant Boult Cummings LLP

Tipped Out? 5th Circuit Negates DOL Tip Credit Rule

How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021...more

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

Jackson Lewis P.C.

2024 FLSA Checklist for Employers in the Manufacturing Industry

Jackson Lewis P.C. on

Wage and hour issues continue to challenge most employers, especially those in the manufacturing industry. The manufacturing industry tends to be more process- and systems-oriented and generally employ many hourly workers who...more

Jackson Lewis P.C.

Ninth Circuit: Health Insurance Opt-Out Fees Not Part of Regular Rate for Overtime Purposes

Jackson Lewis P.C. on

County firefighters and law enforcement officers who opt out of employer- or union-provided health insurance coverage receive a monetary credit each pay period, minus an “opt-out fee” that goes toward the costs of maintaining...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

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

Is It Compensable? Federally Recognized Holidays

February 20, 2023, was Presidents’ Day, one of several federal holidays occurring throughout the year in the United States. Private-sector employers are not required by federal law to give employees any federal holidays off....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

Haynsworth Sinkler Boyd, P.A.

2022 in Review: The 5 Most Popular Employment Law Topics We Covered This Year

As 2022 is coming to a close, we’ve rounded up the top five most popular topics from our employment law blog over the past year. Take a look back with us!...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

Fox Rothschild LLP

Fifth Circuit Rules Piece Rate Type Payments Qualify as Commissions Under FLSA Section 7(i)

Fox Rothschild LLP on

I have often dealt with exemption issues, most of which involve the white-collar exemptions, however, I have also had cases involving the nuanced, difficult-to-understand, commission exemption under Section 7(i) of the FLSA. ...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

Cryptocurrency And The FLSA: Is The Law Catching Up To The Modern Financial World?

Fox Rothschild LLP on

I read an interesting article by Justin Brown and Lisa Schreter of Littler Mendelson about the usage of cryptocurrency as a way of paying employees. As if those of us who advise management did not have enough headaches, this...more

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