On Dec. 16, the U.S. Department of Labor’s Wage and Hour Division published its final rule clarifying and updating the regulations governing regular rate requirements under the Fair Labor Standards Act.
According to a DOL news release, the final rule, officially titled the Regular Rate Under the Fair Labor Standards Act, defines what forms of payment employers include and exclude in the FLSA’s “time and one-half” calculation when determining workers’ overtime rates. The final rule also includes additional clarification about other forms of compensation, including payment for meal periods and "callback" pay. The final rule will go into effect on Jan. 15, 2020.
On June 12, ABC submitted comments in support of the regular rate proposed rule.
For more information on the final rule, see the WHD website and Littler Mendelson’s analysis.