Sec'y U.S. Dep't of Labor v. Bristol Excavating, Inc.

JORDAN, Circuit Judge.

This case presents a matter of first impression: whether, within the meaning of the Fair Labor Standards Act (the "FLSA" or "Act"), 29 U.S.C. § 203 et. seq., an employer must treat bonuses provided by third parties as "remuneration for employment" when calculating employees' overtime rate of pay.

Under the FLSA's overtime provisions, id. § 207, employers must pay employees one-and-a-half times their "regular rate" of pay for all hours worked above a forty-hour work week. 29 U.S.C. § 207 (a). "[R]egular rate" is defined as including "all remuneration for employment paid…