In Episode 18 of the Akerman Angle Employment Law Series, Jeff Kimmel and Damien DeLaney, Co-Chairs of Akerman’s Wage & Hour Practice, go back to basics on one of the most frequently litigated areas of wage and hour law: overtime pay. They discuss when federal overtime obligations are triggered, what counts as compensable working time, and why employers cannot rely on salary or job title alone when determining whether an employee is exempt from overtime. Jeff and Damien also break down how the regular rate of pay is calculated, including the treatment of nondiscretionary bonuses, commissions, shift differentials, and other compensation. They also address considerations for employees who work at multiple rates or under a fluctuating workweek arrangement and provide practical reminders for employers reviewing their classification, timekeeping, and payroll practices, including the importance of accounting for state-law requirements that may go beyond the federal baseline.
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