By Mike O’Brien  bio Department of Labor enters final stage of update to ‘regular rate’ rule under FLSA. As we have discussed previously in these updates, the Department of Labor has been working to update the definition of “regular rate” of pay under the Fair Labor Standards Act. The regular rate is used to calculate overtime pay. The rule has not been updated in half a century, and fails to capture the realities of the modern workplace. The DOL recognized this, and has now proposed a final rule to the White House Office of Management and Budget. Although the details are not yet publicly available, prior versions of the rule clarified that forms of compensation like tuition reimbursement, employee discounts, employer-provided gym costs, wellness programs, and certain other benefits are… . . . read more.