News & Analysis as of

Reimbursements Wage and Hour Department of Labor (DOL)

Perkins Coie

DOL Clarifies Daily Expense Reimbursement Payments and Exclusions from Regular Calculations for Overtime Pay

Perkins Coie on

The U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued an opinion letter addressing whether daily expense reimbursement payments can be excluded from an employee’s regular rate when calculating overtime...more

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

Littler

DOL Opinion Letter Offers Additional Insight Regarding Regular Rate Treatment of Expense Reimbursement Payments

Littler on

On November 8, 2024, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2024-01.  This letter provides additional clarity about whether daily expense reimbursement payments can be excluded from an employee’s regular...more

Jackson Lewis P.C.

Reconsidering Repayment Agreements with Foreign Employees

Jackson Lewis P.C. on

It is not unusual for employers to require foreign employees to sign repayment agreements that require the employee to repay some or all required immigration process costs if the employee terminates employment before the end...more

Jackson Lewis P.C.

Top Five Labor Law Developments for August 2022

Jackson Lewis P.C. on

1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher...more

Jackson Lewis P.C.

Top Five Labor Law Developments for March 2022

Jackson Lewis P.C. on

1. Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal...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.

Class Action Trends Report Spring 2021

Jackson Lewis P.C. on

In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss how employers can undertake Diversity, Equity and Inclusion (DEI) initiatives without risking class action discrimination suits; wage and...more

Baker Donelson

Does Your State Require Employers to Foot the Bill for Employees' Remote Work Expenses?

Baker Donelson on

As the COVID-19 pandemic hit, several states and localities implemented shelter-in-place orders to slow the spread of the coronavirus. Consequently, many workforces were thrust into remote work models without adequate time...more

Fox Rothschild LLP

Disturbing Ninth Circuit Holding On Inclusion Of Per Diem Expense Reimbursement In FLSA Regular Rate

Fox Rothschild LLP on

As a general rule, employee expense reimbursements are not includible in the regular rate for purposes of overtime computation. When the reimbursements, however, are unreasonable or out of whack (i.e. too high) as regards...more

BakerHostetler

DOL Issues Practical Guidance on Multiple Wage and Hour Topics

BakerHostetler on

This week, the Department of Labor’s Wage and Hour Division (DOL) issued four opinion letters addressing a range of wage and hour issues including application of the fluctuating workweek payment method, pay methods for...more

Epstein Becker & Green

“Employees Won’t Sue Over Alleged Wage-Hour Violations Occurring During the COVID-19 Crisis!” – and Six Other Myths

Epstein Becker & Green on

Let me be the millionth person to say that we are living in unprecedented times. Well, unless you count the Spanish Flu, which few of us probably dealt with as that was more than a century ago....more

Littler

Labor Department Clears the Way for Employee Perks

Littler on

Employees appreciate employee discounts, tuition reimbursement, prizes of small value, and wellness benefits. But those perks had been put in danger in recent years by lawsuits claiming that employers should have paid...more

Snell & Wilmer

U.S. Department of Labor Issues New Rule Clarifying Exclusions from Overtime Calculation

Snell & Wilmer on

On December 12, 2019, the U.S. Department of Labor (“DOL”) finalized a new rule that lets employers leave several perks, including tuition benefits, paid leave cash-outs, and some bonuses, out of the formula used to calculate...more

Seyfarth Shaw LLP

Regulatory Spring: Rulemaking by the Wage & Hour Division

Seyfarth Shaw LLP on

Recently, the comment period ended for the Department of Labor’s Notice of Proposed Rulemaking seeking to revise and update the regulations interpreting the Fair Labor Standards Act’s (“FLSA”) regular rate of pay...more

Jackson Lewis P.C.

Department Of Labor Proposes Amended Regulations Concerning FLSA’s ‘Regular Rate’

Jackson Lewis P.C. on

The Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM) to revise the regulations governing the calculation of the regular rate under the Fair Labor Standards Act (FLSA). The FLSA generally requires...more

Proskauer - California Employment Law

California Employment Law Notes - March 2016

Nuclear Plant Maintenance Manager's Whistleblower Claim Was Properly Dismissed - Sanders v. Energy Northwest, 2016 WL 560809 (9th Cir. 2016) - David W. Sanders, a maintenance manager for Energy Northwest (a...more

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

DOL Issues Guidance on Room and Board Deductions for Home Care Workers

On December 17, 2015, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued guidance on permissible deductions for lodging under the Fair Labor Standards Act (FLSA), with particular emphasis on the law’s effect...more

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