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Overtime Implications of Bonus Plans Under the FLSA
Employers often overlook the legal implications under the Fair Labor Standards Act (“FLSA”) of paying bonuses to their “non-exempt” employees. Such payments can (and often do) impact overtime pay calculations, leaving well-intentioned employers facing a FLSA class action simply for trying to provide a form of enhanced compensation to their non-exempt employees in the form of a bonus. This article discusses both the general rule that bonus payments must be included in the “regular rate” calculation for overtime purposes, and the three most common exceptions to this general rule. It also tests your knowledge of these rules.
Calculation of Regular Rate
Under the FLSA, non-exempt employees must be compensated for all hours worked in excess of forty per week at a rate no less than time and one-half of the employee's “regular rate.” This regular rate is determined by dividing the weekly compensation, excluding any overtime premiums, by the number of hours the employee worked during the week.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
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Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
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