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ARTICLE · 10 APRIL 2019

Proposed USDOL Interpretations: The Regular Rate Is Anything But "Regular"

Fisher Phillips LLP
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The USDOL has proposed to update its guidance (for the most part, currently not regulations) regarding the "regular rate" for purposes of calculating FLSA overtime pay.

United StatesEmployment and HR
Caroline Brown
Caroline Brown
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The USDOL has proposed to update its guidance (for the most part, currently not regulations) regarding the "regular rate" for purposes of calculating FLSA overtime pay.  The NPRM is intended to update and clarify the FLSA's requirements regarding the "regular rate" and the (rarely used) alternative "basic rate," as briefly summarized below.

Proposed Rule In A Nutshell

In many cases, USDOL intends to better define the scope of certain terms within the statutory exclusions by addressing the items identified below.  While we await the official publication of the NPRM, links to the provisions currently in effect are provided for context (check here for a refresher on "regular rate").

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