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DOL Guidance: Are You Doing OT Correctly? Could You Save $ with the New Rules? - On-Demand

DOL Guidance: Are You Doing OT Correctly? Could You Save $ with the New Rules? - On-Demand

Product Code: YEWA072920A

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DOL Guidance: Are You Doing OT Correctly? Could You Save $ with the New Rules? - On-Demand

Webinar now available On-Demand.


WEBINAR SNAPSHOT: The U.S. Department of Labor’s Wage and Hour Division has made clarifications that could save employers money – if analyzed and applied correctly. Join Fisher Phillips attorneys to get the latest on fluctuating workweek, the 7(i) commissioned-employee exemption, and what the “regular rate” really means for many employees.



After starting the year with a new FLSA salary “threshold” for most exempt employees and new Wage and Hour Division guidance on what payments are included in the “regular rate” for overtime purposes, the agency kept up the pace and published additional provisions in May.

First, we received the long-awaited official position on the “fluctuating workweek” method of overtime pay.  The agency’s official position is that an employee can be paid using this method and still earn various other payments, including commissions, bonuses, etc.  Nonetheless, employers need to understand how to establish the pay structure – and how to calculate overtime on different forms of pay.

Second, WHD removed the lists of “non-retail” or likely “retail” establishments from the Code of Federal Regulations.  A favorable clarification to be sure, but one that requires employers to have a better grasp of the relevant factors and analysis.

Join Fisher Phillips attorneys to get the latest on fluctuating workweek, the 7(i) commissioned-employee exemption, and what the “regular rate” really means for many employees.

At the conclusion of this program, participants will be able to:

  • Evaluate whether a salaried employee is exempt or non-exempt and understand when it might matter for purposes other than overtime pay
  • Apply the fluctuating workweek method and identify variations
  • Understand the 7(i) commissioned-employee exemption, including the effect of the agency’s removal of the “non-retail” list and what to flag during internal audits
  • Analyze various payments to determine which can be excluded from, and in some cases credited to, overtime
  • Identify other potential trouble spots in calculating the “regular rate” using our tips

About Your Presenter

Cheryl PinarchickCheryl Pinarchick is a partner in the firm's Boston office and a founding Co-Chair of the Pay Equity Practice Group. Cheryl has a very active, national employment litigation practice, including wage and hour collective and class actions.  Cheryl also counsels employers on compliance with the law in areas such as wage and hour matters, pay equity, employment discrimination, wrongful termination, reductions in force, FMLA and leave laws, sexual harassment and restrictive covenants. She is a member of the firm’s Essential Business Taskforce developed in response to the COVID-19 coronavirus crisis as well as a member of the firm’s SBA Loan Team, dedicated to advising employers on the inner workings of the complex CARES Act loan process during the COVID-19 coronavirus pandemic.


Joshua NadreauJoshua Nadreau is a labor and employment litigation attorney in the Boston office.  Working with clients in New England and throughout the country, Josh routinely advises and represents clients in wage and hour audits, internal pay practices reviews, drafting of compensation agreements, and before state and federal administrative agencies. His litigation practice focuses on class and collective wage and hour litigation, labor management relations, and equal employment opportunity issues. Josh is a member of Fisher Phillips’ COVID-19 Taskforce, which advises employers nationwide on COVID-19 related employment issues.