Some employers have adopted one or more of a variety of percentage-based approaches to dealing with the FLSA overtime ramifications of bonuses.
A recent $4 million settlement between the U.S. Labor Department and a Texas healthcare employer highlights a recurring overtime issue under the FLSA.
The 6th Circuit U.S. Court of Appeals might review a federal judge's decision to defer to one of the U.S. Labor Department's April 2011 fluctuating-workweek assertions.
It is more important than ever to be clear-headed and articulate in opposing the proliferation of the U.S. Labor Department's muddled misconception that bonuses are supposedly "incompatible" with fluctuating-workweek pay plans.
The potential impact of the U.S. Labor Department's unfounded fluctuating-workweek commentary could be exacerbated by unnecessarily dire observations.
The U.S. Labor Department's April 5 Final Rule attempts to restrict fluctuating-workweek pay plans in two ways.
FLSA overtime must be computed on a bonus paid to eligible nonexempt employees for the prior calendar year which was based upon whether the employer's overall performance exceeded certain standards.
Every February 1, Acme Banking pays a bonus to eligible nonexempt employees for the prior calendar year if Acme's overall performance exceeded certain standards. Is overtime premium due on that bonus?