The US Department of Labor came out with its long awaited proposed joint employer rulemaking this week and once again tweaked its regulations on overtime calculations. The proposed joint employer regulation uses a four-part test to determine when a business should be held jointly libel for minimum wage and overtime law violations. Specifically, it proposes that joint employer status would require the exercise of power to hire/fire employee, supervise/control employee work schedules or conditions, determine the rate and method of employee pay, and maintain the worker’s employment record. There are a number of specific examples explaining the proposed DOL interpretation here on the DOL website. The proposed rulemaking will open to public comment for 60 days once it is officially published in the federal register. In other DOL action this week, the agency again made further clarifications to its proposed rule amending the Fair Labor Standards Act (FLSA) regulations on calculating the regular rate of pay (RROP). Under the FLSA, the RROP is the amount of pay on which time and a half is calculated for hours worked in excess of 40 hours per workweek and previously required that any amount an employer paid an employee had to be calculated into the RROP. Under this latest refinement, employers are allowed to exclude such costs as bonuses, benefit plans, wellness programs; employee discounts; payments for unused paid leave; tuition programs and reimbursed expenses. Employers must be cautious with these calculations as underpaying in overtime pay can lead to significant financial liability. The public comment period is open until May 28.