News & Analysis as of

Fair Labor Standards Act (FLSA) Bonuses Employee Benefits

Roetzel & Andress

Illinois Supreme Court Holds Overtime Rate Must Include Non-Discretionary Bonuses Unless They Are Gifts

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The Illinois Supreme Court held employers violate overtime law by not including non-discretionary bonus payments when calculating employees’ overtime rate. The case is Mercado v. S&C Electric Co., 2025 IL 129526 (Jan. 24,...more

Fisher Phillips

How Will the New Overtime Rule Impact Your Business This Comp Season? 10 Tips for Employers

Fisher Phillips on

As the final quarter of 2024 begins, many employers are turning to the year-end review process. While you’re planning for raises, bonuses, and other employee incentives this comp season, you’ll need to account for the new...more

Fisher Phillips

Top 10 Ways Employers Can Avoid Regular Rate Wage Mistakes On Their 2023 Resolutions Lists

Fisher Phillips on

When the US Department of Labor’s Wage and Hour Division published a Final Rule on the regular rate in late 2019, it gave employers the freedom to more easily offer perks and benefits to their employees without running afoul...more

ArentFox Schiff

As Employers Begin to Reopen, DOL Issues Final Rule Clarifying Fluctuating Workweek Overtime Compensation Method

ArentFox Schiff on

On May 20, 2020, the US Department of Labor (DOL) announced a final rule that clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method under the Fair Labor...more

Harris Beach Murtha PLLC

U.S. Department of Labor Updates Rules Governing Regular Rate Calculation to Provide More Guidance for Employers

Harris Beach Murtha PLLC on

Under the Fair Labor Standards Act, non-exempt employees must receive one and one half times their regular rate of pay for all hours worked over forty in a work week. The “regular rate” is generally calculated by dividing...more

Smith Anderson

Federal Department of Labor Modernizes Regular Rate Regulations

Smith Anderson on

The federal Department of Labor (DOL) has announced the issuance of a final rule that, according to the DOL, will “encourage employers to provide additional and innovative benefits to workers without fear of costly...more

Bracewell LLP

Department of Labor Issues Final Rule on Calculating the Regular Rate of Pay

Bracewell LLP on

December 12, the Department of Labor filed a Final Rule clarifying the types of benefits that must be included in the “regular rate of pay.” Under the Fair Labor Standards Act (FLSA), employers must pay workers at least the...more

Seyfarth Shaw LLP

Seyfarth Shaw Policy Matters Newsletter - November 2019

Seyfarth Shaw LLP on

Right of First Refusal EO Revoked. Last week, President Trump issued an Executive Order revoking Executive Order 13495 issued by President Obama in January 2009. EO 13495 required that successor Federal service contractors...more

Proskauer - Law and the Workplace

DOL Proposes Updated Regular Rate Rules

Even at a gathering of employment lawyers, HR professionals, and compensation veterans, one of the easiest ways to clear the room is to begin a discussion on the regular rate of pay. Few other topics, even within the general...more

Foley & Lardner LLP

So You Want to Give Your Employee a Bonus?

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There are many reasons employers give bonuses to employees. Bonuses are a motivator. They effectively reward past contributions. Bonuses also allow employers to provide additional compensation to the workforce on a one-time...more

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