Wage and Hour Co-Chair Gets Hospitality Employers Up to Speed on New Laws

For its roundup of recent cases and new laws that impact the hospitality industry, Restaurant Hospitality turned to Hagood Tighe, co-chair of the firm’s Wage and Hour practice for insight on the DOL’s proposed rule that would allow employers to offer bonuses or other incentive-based pay to workers whose hours vary week to week. Also known as the “fluctuating workweek”, the proposed rule, Hagood says, “removes previous confusion for employers over whether they can pay bonuses to workers who are compensated using the fluctuating workweek method.    Employers should note that if additional compensation is paid, the employer needs to include that extra compensation in the determination of the regular rate for each week. The regular rate is then used to calculate overtime.”

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