Labor/Employment,
Government
Sep. 13, 2019
DOL may update overtime rate regulations for first time in 50 years
Since its passage in 1938, courts have struggled to interpret the meaning of “the regular rate” and the correct measure of overtime owed to employees under the FLSA.
Peter Brown
Partner
Liebert Cassidy Whitmore
Peter has been with the firm for 30 years representing public agencies in wage and hour matters. He is chair of the Wage and Hour Practice group.
Lisa Charbonneau
Associate
Liebert Cassidy Whitmore
Lisa represents public agencies in wage and hour, as well as other labor and employment law matters.
Federal law regulates the rate at which employees must be paid overtime. Under the Fair Labor Standards Act, no covered employee may be employed for longer than 40 hours in a workweek unless the employee receives compensation for the excess hours “at a rate not less than one and one-half times the regular rate at which he is employed.” The “regular rate” is defined in the text of the FLSA to include “all remuneration paid to, or on behalf of, the employee,” with sever...
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