DOL Announces Final Rule on Fluctuating Workweek Bonuses, OSHA Guidance for Long-Term Care Facilities

For the convenience of our members as they work to follow federal employment guidelines, we share the two resources below from the U.S. Department of Labor.

Wage and Hour Division announces its final rule on bonuses / incentive-based pay to employees whose hours vary from week to week:

“The rule revises the regulation for computing overtime compensation for salaried, non-exempt employees who work hours that vary each week (i.e., a fluctuating workweek) under the Fair Labor Standards Act (FLSA). It also clarifies that bonuses, premium payments, commissions, and hazard pay on top of fixed salaries are compatible with the fluctuating workweek method of compensation, and that employers must include supplemental payments when calculating the regular rate of pay as appropriate under the FLSA. The final rule includes examples and minor revisions to make the rule easier to understand.”

Occupational Safety and Health Administration issues COVID-19 guidance and policy memos:

• Guidance on Nursing Homes and other Long-Term Care Facilities 
• General Workplace Guidance
• Response Plan Memo
• Recording Illness Memo