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.
The USDOL recently announced that it will continue its Payroll Audit Independent Determination (PAID) program, and wasted no time beginning its efforts to further educate employers and attorneys about the benefits of the program.
Employers should take steps to lower the risk of a mistaken back-pay ruling in an FLSA "failed exemption" lawsuit.
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.
The correct answer to our July 1 Quick Quiz is "$25".
How is FLSA overtime pay calculated for an employee paid at a piece-rate with a minimum-hourly-rate guarantee?