DOL to Update Regular Rate Provisions of the FLSA

May 14, 2018

The U.S. Department of Labor's Wage and Hour Division (WHD has indicated it intends to "clarify, update, and define" the "regular rate of pay" requirements set forth in the overtime regulations of the Fair Labor Standards Act (FLSA). In its Spring 2018 unified regulatory agenda, the WHD indicated that it intends to consider amendments to the criteria for determining the regular rate of pay for purposes of calculating time-and-a-half pay for overtime purposes under the FLSA. The Wage and Hour Division intends to issue a proposed rule in September 2018.