• 32 minutes

Consequences of Failing To Properly Include Supplemental Pay in the Regular Rate


Understand your company’s exposure to liability.

Failure to include supplemental pay in the regular rate when calculating overtime payments may open the employer up to costly litigation. Violation of the FLSA for failure to properly calculate the regular rate to include supplemental pay not only opens the employer up to backpay damages but potentially to liquidated damages (i.e., double damages) as well. Some states even provide for triple damages. This video reviews case law analysis of supplemental pay and discusses training on compliance with FLSA rules on supplemental pay.

Runtime: 31 minutes



Jerilyn E. Gardner

Jerilyn E. Gardner

Gardner Law Firm, LLC

  • Founder of Gardner Law Firm, LLC
  • Extensive background in wage and hour law
  • Lead or co-counsel on FLSA litigation throughout the country, including large-scale collective action cases
  • Contributing author for the FLSA Midwinter Report published by the American Bar Association and BNA Books, 2016–present
  • Clerked on both the Georgia Court of Appeals and the U.S. Court of Appeals for the Sixth Circuit
  • J.D. degree, University of Pittsburgh; B.S. degree, University of Georgia
  • Can be contacted at [email protected], 404-383-0992, or

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