The USDOL has proposed to update its guidance regarding how the "regular rate" is calculated for purposes of overtime pay.
Despite most of the government being occupied with the "shutdown" dilemma, the unaffected USDOL has remained busy and gifted us with two opinion letters today.
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.
The best answer to our October 8 Quick Quiz is, "Either Of The Above".
How may an employer figure FLSA overtime for an employee who is paid at two or more different hourly rates?