Blog

Overtime

Even High Earning Supervisors Can Be Entitled to Overtime
September 17, 2021
 A recent decision by the Fifth Circuit Court of Appeals in Hewitt v. Helix Energy Solutions Group, Case No. 19-20023, in is causing upheaval in the energy sector by suggesting that even highly paid supervisory employees may be entitled to overtime pay on top of their six-figure compensation because they are paid a day rate rather than a weekly salary.
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California Supreme Court Holds That Meal-Period, Rest-Period, And Recovery Premiums Must Include Nondiscretionary Earnings
July 21, 2021
On July 15, 2021, the California Supreme Court held that the calculation of premium pay for noncompliant meal, rest, and recovery periods must include not only the employee’s hourly rate of pay but also all other nondiscretionary payments for work performed by the employee.
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Fluctuating Workweek Method for Paying Overtime – DOL Opines It Need Not Fluctuate Below 40 Hours Per Week
September 18, 2020
On August 31, 2020, the U.S. Department of Labor issued an opinion letter addressing whether employees’ hours must fluctuate above and below 40 hours per week to qualify for the fluctuating workweek method of calculating overtime pay.
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Washington Changes To Overtime Exemptions Go Into Effect July 1, 2020
July 1, 2020
Changes to Washington State Department of Labor and Industry rules relating to overtime exemptions took effect on July 1, 2020.
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Salary Add-Ons Do Not Bar Fluctuating Workweek Overtime, U.S. DOL Rules
May 20, 2020
Bonuses, shift differentials, hazard pay, commissions and other add-ons do not preclude use of the fluctuating workweek method of computing overtime, according to a U.S. Department of Labor interpretive regulation issued May 20, 2020.
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DOL Streamlines Its Regulation Interpreting Commission Sales Exemption from Overtime
May 19, 2020
Apparently inspired by the tidying up trend, the Department of Labor threw out two sections of its interpretation concerning the commission sales exemption from overtime that no longer gave it joy.
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DOL Opinion Letter Clarifies Method for Calculating Overtime Pay for Nondiscretionary Bonus
January 31, 2020
On January 7, 2020, the U.S. Department of Labor issued its first Opinion Letter of the new year –  FLSA2020-1.
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Changes to Wage and Hour Law Took Effect January 1, 2020
January 3, 2020
As of January 1, 2020, employers need to ensure that employees classified as “exempt” from overtime requirements are being paid the required salary.
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Department Of Labor Issues Final Rule On Regular Rate Exclusions From Overtime Calculations
December 12, 2019
On December 12, 2019, the U.S. Department of Labor (DOL) announced a revised interpretation listing payments that can be excluded from the “regular rate” used to compute overtime pay for non-exempt employees under the Fair Labor Standards Act.
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Reminder – Time to Reclassify Exempt Employees Making Less than $684/wk ($35,568)
December 10, 2019
Employers with exempt (salaried) employees – do not forget that the Fair Labor Standards Act’s salary threshold increases January 1, 2020 to $684 per week ($35,568).
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It’s Beginning to Look a Lot Like [Bonus Time] Everywhere You Go…
December 3, 2019
It’s that time of year where employers and employees alike get into the holiday spirit. Being the wage and hour blog that it is, I thought about sharing a few general holiday reminders.
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DOL Increases Salary Threshold for Overtime Exemptions to $684/Week
September 26, 2019
The U.S. Department of Labor announced on September 24th that it has finalized proposed changes to the salary threshold for the overtime exemptions under the Fair Labor Standards Act.
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