The U.S. Dept. of Labor proposes to revise “a number of out-of-date regulations” under the Fair Labor Standards Act and the Portal-to-Portal Act.

Among the changes being considered: the tip credit and tipped employee rules; meal credits; clarifying inclusion of bona fide bonus payments in the fluctuating workweek method of computing overtime payments; using a company vehicle for home-to-work commuting; clarifying the non-employee status of volunteers at nonprofit foodbanks; and overtime exemptions for agricultural workers on irrigation projects, and service advisors working for car dealerships or boat sales. Comments on the proposed rules are due on or before September 11, 2008.

The U.S. Dept. of Labor has a new overtime calculator — to help employers and workers understand and calculate overtime pay. The tool computes the amount of overtime pay due in a sample pay period based on information from the user on factors used in determining overtime, including the primary method of paying workers, any additional compensation such as bonuses, commissions, and shift differentials, and information pertaining to hours worked. It then totals up straight-time and overtime hours worked during a sample pay period and – based on the user’s inputs – calculates the overtime pay required. A key feature shows how the calculations were made.

The U.S. Dept. of Labor has a new tool for companies confused about federal overtime requirements and how to calculate overtime, especially if the company is on a semi-monthly pay period. The calculator is interactive, and will prompt examination of exempt status, regular rate, hours worked, and the work week. It also contains links to pertinent DOL advisories, and is recommended for anyone involved with supervising employees or payroll.

Wal-Mart agreed to pay $33,484,499 plus interest to workers for incorrectly computing overtime, including paying time and a half after 45-48 hours worked (instead of after 40) in the workweek; failing to include nondiscretionary premiums, incentives and bonuses in the calculation; and incorrectly computing OT on a biweekly rather than weekly basis, according to the U.S. Dept. of Labor.