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Overtime Calculations Done Right Under Federal Law: Do’s and Don’ts for FLSA Compliance

Overtime Calculations Done Right Under Federal Law: Do’s and Don’ts for FLSA Compliance

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Overtime Calculations Done Right Under Federal Law: Do’s and Don’ts for FLSA Compliance

Live Webinar: Tuesday, September 17, 2019

1:30 p.m. to 3:00 p.m. Eastern / 10:30 a.m. to 12:00 p.m. Pacific


WEBINAR SNAPSHOT: Learn how to determine what needs to be included as regular pay, and correctly calculate overtime pay under current federal guidelines.


 

It seems fairly simple—nonexempt employees who work over 40 hours a week are entitled to overtime pay, or one-and-a-half the amount of their regular rate of pay. Not a difficult calculation, right?

Well, if it were only that easy. Turns out, figuring the rate of pay can be tricky. Because it’s not always the case that an employee’s hourly pay equals their regular rate of pay. Figuring the regular rate of pay means including all the pay the employee received in a week, except for pay that is statutorily excluded. There’s the rub.

The Fair Labor Standards Act (FLSA) requires that nondiscretionary bonuses must be included in the employee’s regular rate of pay. So pay that is based on performance—intended to incentivize employees or encourage them to stay—must be included in the regular rate of pay. These types of bonuses can even include non-cash rewards, like movie tickets.

However, discretionary bonuses do not need to be included in the regular rate of pay. These are bonuses that are at the employer’s discretion, such as some end-of-year bonuses. These payments are not expected, and not a specific amount, so they do not need to be included in overtime calculations.

Find out more about how to calculate overtime correctly under current FLSA regulations and avoid any costly repercussions of miscalculations.

Attend our in-depth webinar on September 17 with two legal experts on FLSA, and get clarification on these complicated calculations.

You’ll learn how to:

  • Properly calculate “extras” besides hourly pay, such as bonuses and other nondiscretionary payments
  • Recognize the difference between exempt and nonexempt employees so you’re not shortchanging employees entitled to overtime under federal law
  • Understand the practical impact of any conflicts in federal and state overtime laws
  • Clarify whether you can count biweekly or if the law only applies to each work week
  • Calculate employees’ rates of pay with non-traditional workweeks
  • Recognize what constitutes a “work week”
  • Prepare for the biggest changes in FLSA overtime regulations, which are expected to be released very soon  
  • And much more!

About Your Presenters

Consuela A. PintoConsuela A. Pinto, Esq.
Shareholder
FortneyScott

Consuela A. Pinto is a shareholder at FortneyScott where she advises clients on the full range of equal employment opportunity laws with a particular focus on compliance with workplace laws and regulations, federal government investigations, pattern and practice systemic claims, and compliance with federal contractors’ affirmative action and non-discrimination obligations.  Her extensive experience and expertise in the employment field is the result of practicing in both the private and government sectors for more than 20 years.

Most recently, Pinto was a senior attorney at the U.S. Department of Labor in the National Office of the Solicitor where she was the Deputy Associate Solicitor in the Civil Rights and Labor Management Division, and where she advised DOL agencies on a wide range of regulatory, policy, and enforcement issues. 

Prior to joining the Department of Labor, Pinto served as Senior Counsel at the Center for WorkLife Law, where she was responsible for educating employers and their attorneys on the developing law of Family Responsibilities Discrimination. Pinto also has significant private practice experience.

Pinto is a past President of the Women’s Bar Association of the District of Columbia, a trained mediator, and author of numerous articles and blog postings related to family responsibilities discrimination, general EEO issues, and OFCCP compliance matters.

Sean Lee Sean D. Lee, Esq.
Associate
FortneyScott

Sean Lee is an associate at FortneyScott. His practice covers a broad spectrum of workplace-related matters, with a focus on issues affecting federal contractors. He counsels public-sector and private employers on matters involving the U.S. Department of Labor, including minimum wage and overtime issues under the Fair Labor Standards Act and compliance with the prevailing wage requirements of the Service Contract Act. Lee also advises federal contractor employers in matters involving the DOL’s Office of Federal Contract Compliance Programs, and assists in the defense of OFCCP compliance evaluations and enforcement proceedings.

Lee has experience in conducting workplace investigations, including conducting witness interviews and client reporting.  His practice also involves government contracts compliance and litigation. He represents employers in bid protest matters before the U.S. Government Accountability Office and the U.S. Court of Federal Claims, as well as in matters before the U.S. Small Business Administration and its Office of Hearings and Appeals.

In addition, Lee has defended employers in state and federal courts and before agencies against claims of discrimination under Title VII, ADA, ADEA, and related state non-discrimination laws, as well as claims of FMLA retaliation and interference. He has represented and advised employers in a broad range of matters, including restrictive covenants and contract disputes, wrongful discharge, Section 1983 claims, intentional torts, and premises liability.

Lee is a regular contributor to the Federal Employment Law Insider newsletter, where he writes on current developments in federal employment law. Previously, he was Editor-in-Chief of Health Matrix: Journal of Law-Medicine.