HIGHLIGHTS

Employers Blog — Update

DOL Opinion Letter Clarifies That Incentive Bonuses — Not Discretionary Bonuses —Must Be Included in the Regular Rate of Pay, Which Is Consistent With Colorado Law

Earlier this month, the U.S. Department of Labor’s Wage and Hour Division (“DOL”) issued Opinion Letter FLSA2026-2 (“Opinion Letter”), providing additional guidance on when bonus payments must be included in an employee’s “regular rate of pay” for purposes of calculating overtime under the Fair Labor Standards Act (“FLSA”).