January 7, 2020 / 8:20 PM / 20 days ago

DOL opinion letters address per-project payments, OT calculations, FMLA

The U.S. Department of Labor in an opinion letter issued on Tuesday said that per-project payments count as a worker’s “salary” for the purposes of determining eligibility for overtime pay, as long as the payments are regular and predetermined.

The department said an unidentified company that provides educational consulting to schools could include the payments in calculating consultants’ salaries even though they can change throughout the year, because the workers knew how much they would be paid for the duration of each project. The letter was one of three penned by Cheryl Stanton, the administrator of DOL’s Wage and Hour Division.

To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/2QXDpo6

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