On March 28, 2019, the U.S. Department of Labor (DOL) announced
a new proposed rule that would clarify
that certain payments and benefits provided by employers do not
factor in to employees' "regular rate," which is used
to calculate overtime pay.
This latest announcement is on top of a flurry of recent
activity from DOL in March 2019, including another
proposed rule to increase the minimum salary threshold required
for most "exempt" employees and three
opinion letters on family and medical leave and wage and hour
issues.
"Non-exempt" employees who are entitled to overtime
under the Fair Labor Standards Act (FLSA) generally must be paid at
least one and one-half times their "regular rate" of pay
for all hours worked beyond 40 hours each workweek.
