DOL Nixes Shift In Fluctuating Workweek OT Rules

Law360, New York (April 5, 2011, 7:29 PM EDT) -- The U.S. Department of Labor on Tuesday published a final rule that nixes a Bush-era proposal to allow employers to pay bonuses while still using the fluctuating workweek method of computing overtime pay to comply with the Fair Labor Standards Act.

The rule, which came out of the DOL's Wage and Hour Division, aimed to bring out-of-date FLSA and Portal-to-Portal Act regulations into step with legislative amendments, according to the department.

The revised regulations, published in the Federal Register, go into effect in 30 days. They...
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