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Tag Archives: Overtime

The Regular Rate for Commissioned Employees: Lookbacks and “Earned” Commissions

In yesterday’s post, we discussed the basics of calculating the “regular rate” for non-exempt employees under the Fair Labor Standards Act (FLSA), including a reader question on how to handle commissions. Commissions are one of the forms of remuneration that you ...

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FLSA FAQ: Calculating Commissions for Non-Exempt Hourly Employees

Earlier this week in a telecommunications HR group that I participate in, one of the HR professionals asked this question: Q.  How do we pay overtime to hourly inside sales employees that are paid a fixed hourly rate plus commission?  Do ...

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Supreme Court Denies Request to Delay DOL Home Care Wage Rule

In a form order without explanation, Chief Justice John Roberts yesterday declined home health care industry groups’ request to delay a lower court’s ruling upholding the Department of Labor’s new regulations governing home health care workers aimed at boosting wages. He did not ...

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Ninth Circuit’s FLSA Pre Shift Activity Decision Shows Value of Integrity Staffing Standard

Last month, I mentioned that the Supreme Court’s unanimous decision in Integrity Staffing v. Busk has its limits.  That does not mean that the case has no utility whatsoever.  The Court’s formulation of work that is “integral and indispensable” is ...

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Regulation Recap: The DOL’s Proposed FLSA Regulations, and What’s Next

With the comment period now officially closed, I wanted to summarize the Department of Labor’s Wage & Hour Division’s (WHD) proposal to amend the Fair Labor Standards Act (FLSA) Regulations and, in particular, the regulations governing the “white collar” exemption for executive, ...

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DOL Declines to Extend Comment Period on Proposed FLSA Overtime Regulations

In a letter to Congress this week, Department of Labor Wage and Hour Division Administrator David Weil reported that the DOL would not extend the 60-day public comment period for providing feedback regarding the Department’s proposed rule, indicating that “a comment period ...

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