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Wage and Hour Reimbursement Issues: Practical Impact of DOL's Final Rule on Regular Rate of Pay - On-Demand

Wage and Hour Reimbursement Issues: Practical Impact of DOL's Final Rule on Regular Rate of Pay - On-Demand

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Wage and Hour Reimbursement Issues: Practical Impact of DOL's Final Rule on Regular Rate of Pay - On-Demand

Webinar now available On-Demand.


WEBINAR SNAPSHOT: Learn how the DOL’s final rule sets out the parameters on what can and can’t be excluded when calculating regular rate of pay for nonexempt employees, and how benefits and other perks are handled.



The Department of Labor just issued its long-awaited final rule on how perks and benefits affect employees’ regular rates of pay in December. The rule helps employers by clarifying how to calculate an employee’s regular rate of pay when impacted by these types of benefits that are becoming more and more common--and even expected by employees. The final rule clarifies which perks must be included when determining the regular rate of pay, and which ones can be excluded.

This has been a confusing issue for many employers who weren’t always clear on what types of perks and benefits had to be considered when determining overtime pay for nonexempt employees. Many perks and benefits have become essential to attracting and retaining the best employees, and the types of perks have expanded over the years.

Under the FLSA (Fair Labor Standards Act) nonexempt employees must be paid one-and-a-half times their regular pay for any hours more than 40 worked in a week. With employers offering a variety of perks and benefits—such as gym memberships, tuition assistance, and discretionary bonuses—figuring out which must be included in calculating the employee’s regular pay can be mind-boggling. In addition, employers want to stay within the law and avoid costly lawsuits or fees if they make mistakes related to perks in calculating pay.

Use this on-demand webinar, for an in-depth look at the DOL’s final rule, and find out what benefits you can and can’t exclude from pay rates related to overtime.

After this webinar, you’ll be able to: 

  • Recognize the practical impact of the DOL’s position on factoring perks like office coffee and snacks, wellness programs, onsite specialist treatment, gym access, and fitness classes, into the regular rate of pay
  • Identify how parking benefits, employee discounts on retail goods and services, certain tuition benefits, adoption assistance, and other benefits should be handled when calculating the regular rate of pay
  • Discover whether the regular rate includes payments for unused paid leave, including paid sick leave, or paid time off
  • Explain the final rule’s impact is on reimbursed expenses, such as cell phone plans, membership dues, and travel
  • Correctly account for discretionary bonuses, sign-on bonuses, and longevity bonuses
  • And much more!

About Your Presenter

Andrew Adams, Esq.

Andrew Adams, Esq.
Attorney
Skoler, Abbott & Presser

Andrew Adams is an attorney at Skoler, Abbott & Presser. He first became interested in the law while assisting an employer with their annual policy review.  This interest quickly became a passion and law school followed soon thereafter.  While attending law school Adams did not know what type of law he wanted to practice, but the more he learned about the field of labor and employment law the more he was drawn to its intricacies and complexities.  This complexity allows for much discussion in his personal life; both his partner Meghan and his brother attended law school with him, and for better or worse there are now at least six lawyers at all family gatherings.

Adams took an unconventional route to the practice of law.  After receiving his undergraduate degree in marine biology, he enlisted in the United States Navy before returning home.  For the next six years and throughout law school, Adams worked as a Correctional Officer for the Hampden County Sheriff’s Department in Massachusetts until he left to pursue his passion for the law.  In his final year of law school he was a law clerk at a premier tort litigation firm in Connecticut, but now has found his home at Skoler, Abbott & Presser.