“Including” Overtime: Don’t Be Misled By USDOL’s Example
We have previously cautioned that (with one very limited exception) federal Fair Labor Standards Act regular-rate principles do not support paying a fixed salary that "includes" FLSA overtime premium for varying numbers of overtime hours worked up to some targeted worktime total. This is so even though an employer plans to pay more in FLSA overtime wages for overtime hours the employee works over such a threshold.
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November 8, 2016 at 03:26AM