Benefit payments made to employees that require the employee to perform work must be included in the regular rate for determining the rate of overtime.
Walk over to whichever file you keep your handbook, look for the date it was last updated, and if it is anything earlier than 2014, it’s time for a deep review.
As Garcia v. SAR Food of Ohio illustrates, if you fail to pay under these circumstances, you are taking a huge wage-and-hour risk.
The announcement is the first concrete details about these long-rumored rules, and could become a key part of President Obama’s legacy, which, unlike the Affordable Care Act, will be done without Congressional approval.
There is a clear advantage to paying your salaried non-exempt employees via the fluctuating workweek. Just make sure you meet the FLSA’s four-pronged test.
The Department of Labor’s Wage and Hour Division extended minimum wage and overtime protections under the Fair Labor Standards Act to home care workers.