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Save Reuse Permission After eight years of litigation , a federal district court in California last week found that a Grubhub delivery driver was an employee — not an independent contractor as the company claimed — for minimum wage and overtime claims.

The Overtime Rule Saga Takes Another Turn (Workspan Daily, March 04, 2025);Labor Department Appeals Decision that Halted OT Final Rule (Workspan Daily, December 04, 2024);Appellate Court Upholds DOL Authority Behind Recent OT Final Rule (Workspan Daily, Sep. 12, 2024);Chevron Doctrine Overturned: What It Means for Employers (Workspan Daily, Jul. 3, 2024);Texas Court Blocks OT Final Rule; Impact Is Limited (and Wide-Ranging) Workspan Daily, Jul. 1, 2024);The Latest on the Overtime Final Rule: In the Courts and News Reports (Workspan Daily, Jun. 26, 2024);DOL Overtime Rule Update: Guidance to Prepare, Act and Strategize (Workspan Magazine, June-July 2024);Overtime Final Rule: Insiders Share Ramifications, Recommendations (Workspan Daily, May 6, 2024);Federal OT Rule Finalized: Are You and Your Org Ready for the Changes?

Pitfall #3: Miscalculating Overtime Paying overtime correctly for tipped workers can be complex, and many employers fail to do so.

“Since many employers pay overtime based on more-generous standards than [those found in the] FLSA — either based on state laws, collectively bargaining agreements or employer policies — overtime is not always calculated based on FLSA standards,” he said, adding payroll systems will need to be updated to identify and track the portion of overtime paid that is FLSA-qualified to correctly determine deduction eligibility.; ;Methods need to be in place to track qualified tips based on occupation-specific guidelines.

Within “productivity,” work time and overtime are foundational metrics to track.

DOL investigators discovered the employers violated the Fair Labor Standards Act (FLSA) for years by: Willfully failing to pay employees for all hours worked, including work done during meal breaks;;Failing to incorporate all promised compensation, including nondiscretionary bonuses and shift differentials, when calculating overtime pay;;Avoiding paying overtime by incorrectly treating employees as exempt from the FLSA’s overtime requirements; and;Not keeping accurate records of hours employees worked and compensation due for those hours.; Editor’s Note: Additional Content For more information and resources related to this article, see the pages below, which offer quick access to all WorldatWork content on these topics: Employee Benefits;Employee Compensation;Total Rewards;Finance and Budgeting; You have to login to perform this action.

., failing to pay tipped employees the federal minimum wage or pocketing workers’ credit card tips); ;Don’t pay overtime (i.e., failing to pay overtime based on the regular hourly rate or failing to pay overtime that includes service charges, commissions and bonuses); At the federal level alone, in 2024, the U.S.

Most prominent are: ;No tax on overtime.

.; ;No tax on overtime hours.

Percent Between Midpoints = ((Midpoint of Higher Grade - Midpoint of Lower Grade) / Midpoint of Lower Grade) x 100 Overtime Cost to Total Compensation Ratio Measures the ratio of overtime costs to total compensation expenses, indicating reliance on overtime pay.