Congress has amended the Fair Labor Standards Act () many times. Courts have chimed in with their interpretations of the law, as well. The Department of Labor, on the other hand, hasn’t been as quick to amend the .
Final regulations, effective May 5, 2011, now clarify and conform the regs to the current law. While most of the changes the final regs make are technical, employers that pay based on the fluctuating workweek method and employers that take the tip credit are specifically affected. (76 F.R. 18831, 4-5-11)
In 1996, the Portal Act was amended to exclude from the definition of working time the time employees spend commuting in their employers’ vehicles, and the time they spend at the start or end of a workday performing activities incidental to using those vehicles (e.g., obtaining the next day’s work assignments, reporting work done that day). The final regs incorporate this a...(register to read more)