Law360, New York (September 15, 2016, 12:00 PM EDT) -- Over the last 10 years or more, there have been numerous wage and hour class and collective actions where one of the complaints is underpayment of overtime. More specifically, many plaintiffs have been alleging that their overtime pay was less than what should have been paid due to incorrect calculations of regular rate of pay. In such cases, the issues are which earning types should be included in the regular rate of pay calculation. In the cases where I was involved, I found that the actual calculation of regular rate varies significantly by employer. Some variations on the regular rate of...
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