Posted by payroll on December 18, 2019
The U.S. Department of Labor (DOL) has issued a final rule that will take effect on January 15, 2020, with regards to what is considered the “regular rate” of pay for nonexempt employees with regards to the calculation of overtime in accordance with the Fair Labor Standards Act (FLSA). Currently, the FLSA states that the “regular rate” for all nonexempt employees must include most nondiscretionary bonuses, shift differentials, on-call pay, and commissions, among other items, in the calculation of overtime. Most employers were not sure if certain perks, e.g. gym memberships, longevity pay, parking benefits, etc. when paid for by the employer on behalf of an employee, had to be included in the “regular rate” of pay when calculating overtime, so the DOL has now defined what needs to be included and what does not. The rule now clarifies that employers may exclude the following perks from the “regular rate” calculation:
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