11 March 2026

Episode 104 – Fun with Overtime Math & Employee Classifications: New Opinion Letters from the DOL


Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey break down two new US Department of Labor opinion letters addressing key areas of the Fair Labor Standards Act (FLSA): employee classification and overtime rate calculations.

These letters don’t change the law, but they highlight areas where many employers are still getting it wrong.

🔍 Tune in as we explore:

  • Whether an employer can reclassify an exempt employee as nonexempt
  • The difference between “regular rate” and base hourly rate
  • When bonuses must be included in overtime calculations
  • Why payroll platforms may default to noncompliance
  • How class and collective actions are increasing in this area

👩‍⚖️ If you manage employees, process payroll, or oversee HR compliance, this episode is a must-watch.

⚠️ Overtime litigation is rising, and many policies exclude FLSA coverage. Now is the time to review your practices.

You can also listen to this and future episodes by subscribing to the “Lawyers Off the Clock” podcast on:

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