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OnDemand Course

The Fundamentals of Supplemental Pay Under the FLSA

Understand the FLSA's supplemental pay requirements when calculating overtime premiums and avoid costly errors.

Among the most common issues under the FLSA is the misconception that a nonexempt employee's hourly rate is the same as what the FLSA terms as the regular rate used in calculating overtime premiums. The regular rate must also include the varying forms of supplemental pay employers often use to compensate its employees in addition to their hourly pay. One frequent misunderstanding of supplemental pay under the FLSA involves the payment of bonuses, and many employers are unaware of the distinguishing factors that require certain bonuses to be included in calculating an employee's regular rate. The legal implications of these common misunderstandings and applications of supplemental pay can be costly should the employer not fully understand the FLSA's supplemental pay requirements when calculating overtime premiums. This topic helps those responsible for compensation policies and timekeeping and payroll practices understand the fundamentals of what constitutes supplemental pay and the best ways to properly calculate an employee's regular rate to avoid exposure to liability under the FLSA.

89 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overtime Basics for Nonexempt Employees

  • Who Is Nonexempt?
  • Explaining the Regular Rate vs. the Hourly Rate
  • Calculating the Regular Rate

Overview of Types of Supplemental Pay Subject to the FLSA

  • Examples of Supplemental Pay
  • Understanding Nondiscretionary vs. Discretionary Bonuses
  • Calculating the Regular Rate to Include Supplemental Pay

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

  • Exposure to Liability and Misclassification of Employees as Exempt
  • Case Law Analysis of Supplemental Pay
  • Training on Compliance With FLSA Rules on Supplemental Pay
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on August 19, 2021.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

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 www.gardnerjlaw.com
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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  • State Specific Credit Tracker
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Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 409078
Published 2021
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