The U.S. Department of Labor (DOL) yesterday announced its final rule on perks and benefits under the Fair Labor Standards Act (FLSA), defining what forms of payment are eligible for the time and one-half calculation when determining overtime rates.
Under FLSA, covered, nonexempt workers must be paid overtime at no less than one and one-half times their regular rate of pay if working over 40 hours in a workweek. Previously, employers were uncertain about the role that perks and benefits play when calculating the regular rate of pay. The new rule clarifies which perks and benefits must be included in the regular rate of pay, and those that employers can offer without risk of additional overtime liability.
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