On December 12, 2019, the Department of Labor (DOL) announced a Final Rule that clarifies and amends federal regulations concerning the regular rate of pay under the federal Fair Labor Standards Act (FLSA). Many of the affected regulations date back more than 60 years, long before the FLSA was made applicable to the public sector.
California Supreme Court Rules that State Law Requires a Different Regular Rate of Pay Calculation than the Fair Labor Standards Act
The post was authored by Lisa S. Charbonneau.
On March 5, 2018, the California Supreme Court issued a decision in the case Alvarado v. Dart Container Corporation, in which employee Hector Alvarado sued his employer under the California Labor Code for back overtime compensation under the theory that his employer had incorrectly calculated
Apples and Oranges: Daily Meal Expenses Properly Excluded from the Regular Rate
Many agencies provide their employees with per diem stipends while the employee is traveling for work. Is your agency including this amount when calculating the regular rate of pay for overtime under the FLSA? In Sharp v. CGG Land, Inc. (10th Cir. 2016) 840 F.3d 1211, the Tenth Circuit confirmed that agencies may
Four Mistakes to Avoid When Calculating the Regular Rate of Pay and Overtime Pay
Calculating an employee’s regular rate of pay and overtime pay is no small task. The FLSA requires that an employee who works overtime be compensated at a rate of at least one and one-half times the employee’s regular rate of pay. The regular rate of pay includes “all remuneration for employment paid to, or on
Uniform Pay is Anything But Uniform: Should Yours Be Included in the Regular Rate of Pay?
Public employers often require employees to wear uniforms and the employers may reimburse employees to cover the cost of maintaining or replacing the uniforms. Some employers provide employees more than the cost of maintaining or replacing the uniform, either in an excess of caution or as a form of additional compensation. But providing uniform pay