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Posts in Overtime Compensation.

The U.S. House of Representatives is considering legislation that would amend the FLSA to permit private-sector employers to offer compensatory time off in lieu of monetary overtime compensation.

The U.S. Department of Labor should disavow and withdraw statements made in 2011 that were intended to undercut the use of fluctuating-workweek pay plans under the FLSA.

Employers should keep in mind that an applicable state law might affect whether a "fluctuating workweek" arrangement is permitted for workers in that jurisdiction.

Perhaps the conditions are right for a coalition drawn from employees, employers, and government representatives to wrestle the FLSA into the 21st century.

Notwithstanding incomplete or over-simplified U.S. Department of Labor "guidance", employers should recognize that the FLSA overtime regular rate will almost always vary as the overtime hours worked in a workweek vary.

"Guidance" offered by the U.S. Labor Department appears to be misleading employers into thinking that they can comply with the FLSA's overtime requirements by paying a "fixed salary" that "includes" FLSA overtime wages for varying numbers of overtime hours worked.

One aspect of the U.S. Labor Department's revised compensation requirements for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions could mean that some employers will have to keep records of at least some of these exempt employees' hours worked.

We have said for a while now that a "fluctuating workweek" pay plan might suit some employers' needs as to workers whom they will no longer treat as overtime-exempt in light of the U.S. Labor Department's coming federal Fair Labor Standards Act exemption changes.

Can employers comply with the FLSA by paying non-exempt employees weekly salaries that "build-in" overtime compensation for up to a particular number of overtime hours?

Some employers have adopted one or more of a variety of percentage-based approaches to dealing with the FLSA overtime ramifications of bonuses.

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