Trump Reverses Obama Stance on Fluctuating Workweek

Nov. 5, 2019, 11:55 AM UTC

The Labor Department’s latest regulation on overtime pay is now out, and this one aims to give employers the legal certainty on how to apply the “fluctuating workweek” method of compensating workers for overtime.

Bonuses Included: Overturning a 2011 rule from the Obama DOL, the proposed rule clarifies that bonuses are to be included in the regular rate of pay. That rate can then be halved to determine the overtime premium for salaried employees with irregular schedules who get paid for hours beyond 40 in a given week, Ben Penn reports.

Fluctuating Trend: This rule change, when finalized, wouldn’t have ...

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