Calculating the “regular rate” of pay:

Section 7 of the Fair Labor Standards Act (FLSA) requires an employer to pay one and one-half times an employee’s “regular rate” of pay for hours worked over 40 in a workweek. That “regular rate” includes all “remuneration for employment” and specifically includes nondiscretionary bonuses.

Nondiscretionary bonuses are bonuses

By now, employers know that on November 22, 2016, federal court Judge Amos Mazzant in Texas issued a preliminary injunction that has blocked – temporarily – the implementation of the revised white collar overtime regulations issued by the Department of Labor (DOL) earlier this year. Those regulations, which have been the focus of concern,

On May 18, 2016, the Department of Labor (DOL) announced the publication of a final rule, updating its existing overtime regulations. The updated regulations are scheduled to become effective on December 1 of this year and are predicted to extend overtime pay protections to over 4 million workers within the first year of implementation. The

(Photo of Saif underclinging a fissured rock wall in Keene Valley, NY in 2010.)

In a marked deviation from current regulatory standards and judicially accepted parameters of “joint employment,” the Wage and Hour Division (WHD) of the Department of Labor (DOL) issued – through Administrator David Weil Administrator’s Interpretation (AI) No. 2016-1, setting

Economists and business commentators believe that the U.S. economy is moving from a world of corporations to a world of “pop-up” businesses. Further, they point out that these pop-up businesses are powered by what’s becoming known as “gig workers” – a term borrowed from the music industry, where musicians move from job to job