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DOL Proposes Clarifications to FLSA 'Regular Rate of Pay' Exclusions with Potential Implications for Employee Benefits
Groom Law Group 
[Guidance Overview] May 2, 2019
"The [March 29] proposed rules fail to clearly exempt certain common employer-sponsored benefit arrangements from having to be taken into account for purposes of the FLSA's overtime rules.... Key employee benefits-related proposals [include:] [1] Exclusion of payments for unused leave ... [2] Clarification that wellness programs, tuition benefits and similar benefits offerings may be excluded ... [3] For bona fide plans, clarification of the types of benefits that may be excludable ... [4] Clarification regarding discretionary bonuses ... [5] Examples are not exclusive."
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