The Department of Labor’s Wage and Hour Division (WHD) has published a Notice of Proposed Rulemaking (NPRM) that would make several significant revisions to regulations interpreting when compensation must be included in an employee’s “regular rate,” which is critically important to determining proper overtime compensation under the federal Fair Labor Standards Act (FLSA).

In support of the proposed changes, WHD says it is attempting to provide clarity to “better reflect the 21st-century workplace.” According to the agency, this will promote FLSA compliance, provide updated guidance in an area of evolving law and practice, and encourage employers to provide additional and innovative benefits to workers without fear of costly litigation.

WHD’s regular rate proposal was published in the Federal Register on March 29, 2019. Interested parties have until May 28, 2019, to submit written comments.

NT Lakis attorneys will be hosting a web workshop, exclusively for members of the Center for Workplace Compliance (CWC), to review this and other recent FLSA developments on Tuesday, April 30, 2019, at 2:00 p.m. EDT. More information is available here.

Members of CWC can read more here.