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Requirements and Exemptions When Calculating Overtime

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January 28, 2019
1:00 pm ET (12 pm CT, 11 am MT, 10 am PT)
1 hour 30 minutes
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Wage and Hour Collective and Class Actions Pose Greatest Employment Litigation Threat to Businesses
  • Federal Court Filings of Wage and Hour Lawsuits Have Increased More Than Four-Fold From 2000 to 2017
  • Most of These Cases Are Brought as Collective or Class Actions and Command Settlement or Result in Verdicts Costing Millions
  • A Common Wage Claim Is That Overtime Was Calculated Incorrectly Because the Regular Rate Did Not Include Certain Compensation
  • The U.S. Department of Labor's Wage and Hour Division Intends to "Amend 29 CFR Part 778, to Clarify, Update and Define Regular Rate Requirements Under Section 7(e)(2)"
How to Calculate the Regular Rate for Each Workweek
  • The FLSA Requires Employers to Pay Nonexempt Employees One-And-One-Half Times Their "Regular Rate" of Pay for All Work Performed in Excess of 40 Hours per Week
  • The Regular Rate Is an Average Hourly Rate That Consist of "All Remuneration" Including Commissions, Performance Bonuses, and Shift Differentials
  • The FLSA Lists Several Types of Pay That Need Not Be Included in the Regular Rate Calculation
Pitfalls so What Is Included or Excluded in the Regular Rate?
  • Bonuses That Are Truly Discretionary Are Excluded, but Bonuses That Must Be Included Must Be Calculated Properly
  • Payment for Non-Work Hours Are Excluded, but "Other Similar Payments" Is Vague and Can Cause Headaches Employers Who Try to Fit Payments (Like Certain per Diem Payments) Into the Exclusion
  • Certain Types of Premium Payments May Be Credited Toward Overtime Compensation
  • Regular Rate for Employees Working Two or More Jobs Can Be Difficult to Calculate
Paying Salaried Nonexempt Employees Using the Fluctuating Workweek Method
  • Case Study FWW Is Advantageous for Employers Who Pay Employees Whose Hours Fluctuate From Week to Week
  • DOL Has Recently Challenged All Types of Bonuses as Inconsistent With FWW
  • Fluctuation and Mutual Understanding Requirements Are Tricky


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