Overview
- Non‑discretionary performance bonuses must be included in the regular rate for overtime, requiring recalculations when bonuses are triggered by objective criteria.
- Mandatory pre‑shift roll calls count as hours worked and must be paid, with only narrow partial overtime exemptions potentially available under FLSA Sections 7(b)(1) or 7(b)(2) if a CBA meets statutory conditions.
- Licensed clinical social workers with master’s degrees performing advanced clinical duties may qualify for the learned professional exemption only if paid on a salary basis at or above the FLSA threshold, and employers may still opt to classify such roles as non‑exempt.
- For the retail/service commissioned‑employee exemption under Section 7(i), the minimum is 1.5 times the federal minimum wage ($10.88) and more than half of pay must be commissions, with tips counting as compensation only when a tip credit is taken.
- FMLA leave accounting is clarified to exclude partial‑week business closures from reducing intermittent leave, and reasonable travel time to and from medical appointments may be charged as FMLA leave.