USDOL’s final rule recognizes that employees paid under the FLSA’s fluctuating workweek method can receive commissions, weekend pay, etc. – with some caveats.
USDOL has announced a proposed rule intended to clarify the "fluctuating workweek" under the FLSA.
As the summer comes to a close, USDOL’s continued momentum ensures a busy fall for employers. While we await the details, one thing is clear – employers should take these three steps right now.
Fisher Phillips continues to urge USDOL to publish a valid "Overtime Rule" that is practical to apply.
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.