Feedback on the DOL’s Proposed Regular Rate Rule: Part 2

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* 1. Do you reward employees for perfect attendance?

No

Yes

If Yes, how do you reward employees for perfect attendance (e.g., bonus, stipend, cash out of leave)?

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* 2. The proposal would make expense reimbursement at levels under those identified in the Federal Travel Regulation (www.gsa.gov/travel/plan-and-book) per se reasonable. Is the Federal Travel Regulation an appropriate level?

Yes

No

If No, what would provide a better benchmark for per se reasonable expense reimbursements?

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* 3. Do you have call-back pay for locations in which it is not required by state or local law?

No

Yes

If Yes, how often do you expect the amounts to be paid (e.g., daily, weekly, monthly)?

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* 4. If your business is subject to “clopening” or predictive scheduling laws at the state or local level, how often do you estimate the “clopening” or predictive scheduling payments are made?

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* 5. The DOL proposes to exclude from the regular rate bonuses paid to employees who made unique or extraordinary efforts, severance bonuses, bonuses for overcoming challenging situations, and employee-of-the-month bonuses. Are there other types of bonuses that you would like to see excluded from the regular rate of pay?

No

Yes

If Yes, what other types of bonuses would you like to see excluded?

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* 6. Certain benefits-related contributions (to a third-party/trustee) can be excluded. Current provisions specifically reference plans for old-age, retirement, life, accident, or health insurance. The DOL proposes to add accident, unemployment, and legal services. Do you make contributions for any additional types of benefit contributions that you think should be included?

No

Yes

If Yes, what other types of benefits-related programs do you provide contributions toward that you think should be excluded?

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* 7. The “basic rate” provisions of the FLSA allow an employer in very limited circumstances to include extra payments made to employees. At least one of the reasons why it is rarely used is that (for one provision) its use is limited to payments that would increase the employee’s overtime compensation due by less than $0.50 per week. The Department proposes to change the standard to 40% of the minimum wage (currently $2.90). Would this be helpful?

Yes it would be useful, and $2.90 is an appropriate level

Yes it would be useful, but $2.90 is too high

Yes it would be useful, but $2.90 is too low

No it would not be useful

I do not have an opinion on this issue