On March 28, 2019 the U.S. Department of Labor announced a proposed rule to clarify and update the Fair Labor Standards Act (FLSA) regulations governing regular rate requirements. Regular rate requirements define what forms of payment employers should include and exclude in the “time and one-half” calculation when determining workers’ overtime rates. The proposed rule focuses primarily on clarifying what kinds of perks, benefits, or other miscellaneous items must be included in the regular rate. Because these regulations have not been updated in decades, the proposal would better define the regular rate for today’s workplace practices.
The Department proposes clarifications to confirm that employers may exclude the following from an employee’s regular rate of pay:
The proposed rule also includes additional clarification about other forms of compensation, including payment for meal periods, “call back” pay, and others.
The proposed rule was published in the March 29, 2019 Federal Register and comments are due on May 28, 2019.
Contact your FortneyScott attorney if you have any questions or would like to file a comment about the proposed rule.
All Rights Reserved | Powered by AutomationLinks | Terms & Conditions | Privacy Policy