The DOL has issued a rule governing the computation of overtime under the Fair Labor Standards Act for salaried non-exempt employees who work hours that vary each week. The federal rule for determining overtime pay for such employees has been in practice. The new rule addresses the payment of certain extra pay to an employee with a fluctuating workweek by stating “payment of any bonuses, premium payments, commissions, hazard pay, and additional pay of any kind is compatible with the fluctuating workweek method of overtime payment, and such payments must be included in the calculation of the regular rate unless excludable.”
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