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Payroll Today

DOL proposes to revamp regular rate calculation

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Alice Gilman

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in Payroll Today

Coming fast on the heels of proposed regulations that seek to raise the salary employees must earn to remain exempt under the Fair Labor Standards Act, the Department of Labor has proposed regulations that would tweak the payments that can and can’t be excluded from employees’ regular rate calculations when you’re figuring their overtime rates. These regs won’t become effective until final regs are issued. (84 F.R. 11888, 3-29-19)

New excludable payments. Although the proposed regs primarily restate current law on the items that can be excluded from nonexempts’ regular rates when you’re figuring their overtime rates, the DOL has also updated and modernized some of those items.

Under the proposed regs, the following new payments could be excluded from nonexempts’ regular rate calculations:

  • The cost of wellness programs, on-site specialist treatment, gym access and fitness classes.
  • Payments for unused pai...(register to read more)

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