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Numbers are fun ... unless you’re calculating overtime compensation for a period that includes a discretionary bonus.

Section 7 of the Fair Labor Standards Act (FLSA) requires an employer to pay one and one-half times an employee’s “regular rate” of pay for hours worked over 40 in a workweek. That “regular rate” includes all “remuneration for employment” and specifically includes nondiscretionary bonuses.

U.S. Department of Labor Issues Final Rule on Calculating FLSA’s ‘Regular Rate’ of Pay

The Department of Labor (DOL) has issued its Final Rule revising the regulations governing the calculation of the “regular rate” of pay, used to calculate overtime, under the Fair Labor Standards Act (FLSA). The Final Rule, which becomes effective on January 15, 2020, generally adopts the proposed rule published in March 2019, with some additional clarification and examples.

Department of Labor Issues Final Rule on FLSA’s Joint Employer Standard

The U.S. Department of Labor (DOL) has released its Final Rule updating regulations governing “joint employer” status under the Fair Labor Standards Act (FLSA). The regulations have not been updated in more than 60 years.

2nd Circuit Decision Paves the Way for Streamlined FLSA Offers of Judgment

In a much-anticipated decision, a federal appeals court just ruled that Fair Labor Standards Act (FLSA) claims resolved through Rule 68(a) offers of judgment do not require fairness review and judicial approval. The 2nd Circuit Court of Appeals’ December 6, 2019 decision is a critical ruling for employers seeking to resolve lawsuits filed under federal wage and hour law, providing a much clearer path for resolution (Yu v. Hasaki Restaurant, Inc).

DOL Issues Final Rule on Joint-Employer Status under Fair Labor Standards Act

On January 13, 2020, the U.S. Department of Labor (DOL) released its long-awaited final rule regarding joint-employer status under the Fair Labor Standards Act (FLSA). The final rule is scheduled to be published in the Federal Register on January 16, 2020, and will become effective 60 days from its publication date.

DOL Issues Opinion Letters Providing Guidance on Nondiscretionary Lump Sum Bonuses and Per-Project Payments

Executive Summary: The U.S. Department of Labor (DOL) issued two Fair Labor Standards Act (FLSA) opinion letters on January 7, 2020, addressing questions regarding overtime calculation for nondiscretionary lump sum bonuses and per-project payments under the salary basis test. In the first opinion letter, the DOL ultimately stated that the appropriate method for calculating overtime pay on nondiscretionary lump sum bonus earnings that cannot be identified with particular workweeks is allocating the bonus equally to each workweek. In the second opinion letter, the DOL concluded that a “per-project” payment may satisfy the salary basis test, even in situations where the employee is earning “extra compensation” working on additional projects.

Redesigned 2020 IRS Form W-4

The IRS has substantially redesigned the Form W-4 to be used beginning in 2020.

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December Edition)

We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us.

New Year's Resolutions and Regulations that Employers Should Know Before the Ball Drops

As 2019 winds down, employers should ask themselves if they’re ready to face the New Year. January 1, 2020 brings mandatory regulations both nationwide and locally. Most notably, effective January 1st, the Fair Labor Standards Act (FLSA) – the federal wage/hour law – will raise its salary test to the “white collar” exemptions to approximately $35,000/year. The federal Department of Labor (DOL), which is tasked with enforcing the FLSA, predicts 1.3 million currently exempt employees will be reclassified as nonexempt next year by its final rule.

Four Ways of Avoiding Liability on Common Wage and Hour Compliance Issues

Wage and hour lawsuits are big news these days. Jury verdicts and settlements capture headlines warning of damages and fees totaling seven or more figures, and class certifications in pending cases exponentially expand the risk posed by a single miscalculation or mistaken designation. How can employers best reduce the risk of becoming the next cautionary tale in wage and hour compliance?
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