FLSA Rules on Compensable Time and Overtime: The Regular Rate of Pay

Overtime premiums under both the Fair Labor Standards Act (FLSA) and the California Labor Code are calculated from the regular rate of pay. Because it must reflect the hourly value of all compensation earned, it can change from one workweek to the next.

This 90-minute FLSA regular rate of pay webinar looks at the compliance problems caused by unpaid compensable time and miscalculated overtime. It focuses on the DOL's final rule clarifying how to determine the regular rate and which payments employers may include or exclude.

You'll cover what counts as working time, how commissions affect overtime, rules for fire protection and law enforcement personnel, legal methods of calculating the hourly rate and paying overtime, recordkeeping, fixing errors, California differences, and changes to the salary basis and salary level tests for exempt employees.

• Distinguish compensable from non-compensable time under the FLSA
• Apply the DOL's regular rate of pay rule, including what to include and exclude
• Calculate overtime pay correctly for non-exempt employees
• Explain changes to the salary basis and salary level tests for exempt employees
• Compare California regular rate rules with the FLSA
• Keep proper records and correct pay errors

• What time is working time and must be included in overtime calculations
• How commissions factor into overtime pay
• Rules for fire protection and law enforcement personnel
• What to include when determining total compensation
• The DOL final rule on the regular rate of pay
• Legal methods of calculating the hourly rate
• Legal methods of paying overtime that can save money
• Recordkeeping requirements
• How to fix errors once you find them
• How California rate of pay rules differ from the FLSA
• Changes to the salary basis and salary level tests for exempt employees

The FLSA has been in place for a long time, yet it remains one of the most frequently violated employment laws, especially when it comes to deciding what time is compensable and calculating overtime. Mistakes can mean underpaying or overpaying employees, both of which create legal exposure.

This session suits HR professionals, payroll professionals, managers and supervisors.

• HR professionals
• Payroll professionals
• Managers, Supervisors

Steven G. Meilleur, Ph.D., SPHR – is President, and CEO – of PRAXIS Management Solutions, LLC, a New Mexico-based management consulting firm specializing in human resources, employee relations, leadership, training & organizational development, organizational research and assessment, strategic & operational planning, and non-profit organization management and governance. Dr. Meilleur has more than 40 years of management and executive-level experience in human resources, risk management, and organizational management in the private non-profit public, and private for-profit sectors. 

Dr. Meilleur also serves as Senior Vice-President and Risk Services Consultant for Human Resources and Employment with Poms & Associates, a national risk services and insurance brokerage firm. His previous work experience includes public, private, and nonprofit organizations, in executive and management capacities.

A member of the faculty of the UNM School of Public Administration in the graduate program, Dr. Meilleur teaches in the areas of human resource management, nonprofit organization management, leadership, dispute resolution, organizational change, and human resource development.  He has spoken at numerous conferences and workshops across the country and is a published author in the areas of human resources, marketing, leadership and management development, organizational change and innovation, non-profit organization management, and board development.