HSB Blog
Bonuses & Calculating an Employee’s Regular Rate of Pay for Overtime
July 20, 2022
The Fair Labor Standards Act (FLSA) requires that non-exempt employees be paid no less than time and one-half their regular rate of pay for all hours worked over 40 hours in a workweek. How should an employer calculate an employee’s regular rate of pay? Under the FLSA, an employee’s regular rate of pay includes “all remuneration for employment paid to, or on behalf of, the employee,” less certain statutory exceptions. The regular rate is determined by adding the employee’s pay for the workweek and all other earnings and dividing the total by the number of hours the employee worked that week.Breaking News: U.S. Department of Labor Issues Final Rule Raising Salary Thresholds
September 24, 2019
The U.S. Department of Labor released a final rule today providing that employees who make less than $35,568 are now eligible for overtime pay.
New Overtime Rule (Again!)
March 08, 2019
By: Perry MacLennan
The U.S. Department of Labor (“DOL”) has finally announced its proposed new rule for overtime eligibility under the Fair Labor Standards Act. The DOL’s Thursday announcement proposes to increase the salary threshold to $35,308 per year, an increase from $455 to $679 per week.
Key Takeaways from the Recent Overtime Rule Listening Sessions
November 28, 2018
The Wage and Hour Division of the U.S. Department of Labor (DOL) held public listening sessions on October 30, 2018 to gather views on the Part 541 white collar exemption regulations, the 2016 “Overtime Rule.”
Federal Judge in Texas Issues Final Ruling Striking Down New Overtime Rule
September 01, 2017
By now, employers are certainly well aware that on November 22, 2016, a federal judge in Texas issued a preliminary injunction that effectively prevented the implementation and enforcement of the new Department of Labor (“DOL”) regulations regarding the exemptions from overtime for bona fide executive, administrative, or professional (“EAP”) employees.
DOL Rolls Back Its 2016 FLSA Overtime Rule
July 26, 2017
Today, July 26, 2017, the Department of Labor issued a Request for Information seeking notice and comment from the public before issuing revised proposed regulations regarding the minimum salary level required to meet the executive, administrative, and salary level exemption from the overtime requirement.
Overtime Rule Blocked: Now What?
November 28, 2016
By: Perry MacLennan
Late Tuesday, November 22nd, a federal judge issued an order that effectively pauses the new “overtime rules” that had been scheduled to take effect December 1, 2016. The ruling enjoins the Department of Labor from implementing or enforcing the new “overtime rules” on a nationwide basis “pending further order” of the court. It is important to remember that the ruling is not final. Rather, it is a preliminary injunction that suspends the new rule during the litigation or further order form the court.
Employers Shouldn’t Count on the Overtime Rule Being Overthrown by Texas Federal Court
September 21, 2016
South Carolina is one of 21 states that have joined in a federal lawsuit filed in Texas contending that the “President is trying to rewrite [the Fair Labor Standards Act].” To recap, the rule in question is actually an amendment to the FLSA’s salary basis test increasing the minimum salary amount for exempt employees from $23,660 to $47,476 annually. The proposed change, effective December 1, 2016, will amend the current rule found at 29 C.F.R. §541.600.It was proposed by the Wage and Hour Division of the Department of Labor (DOL).
The Clock is Ticking – Are You Compliant?
August 08, 2016
We have closely monitored and continued to receive inquiries regarding the new rules that will take effect on December 1, 2016, regarding who is exempt from the Fair Labor Standards Act’s overtime rules.
New Developments on DOL’s Proposed Overtime Rules
March 17, 2016
By: Perry MacLennan
On Monday of this week, the U.S. Department of Labor (“DOL”) took the next step in finalizing its proposed new overtime regulations by sending its final rule to the White House Office of Management and Budget (“OMB”) for review.
