Kubota (UK) Ltd Construction Equipment has launched the new generation of Dash 4 mini excavators, for plant hire firms, builders, contractors, utilities, local authorities and owner operators.

Keeping Handyman Car Insurance Affordable: Motorists are well aware that the cost of automobile coverage can cause the adjustment of a budget and in many cases policyholders are paying far too much for car insurance policies than necessary. There are many reasons that drivers may be overpaying for a policy and fortunately, there are many ways to make sure that the best price is being paid for coverage. First, a consumer needs to understand the reasons why they may be paying more than necessary and see if it is possible to lower the cost of policies.

One of the biggest mistakes that a consumer may make is to stay with the same company for years by assuming that since they were the cheapest at the time the policy was purchased, this would continuously remain the same. While many policyholder like the idea of staying with a carrier that they have been with, there may be a more affordable auto insurance provider available. It is a good idea to shop around on a regular basis, especially at time of renewal, to ensure that the maximum affordability is obtained. Motorists must be aware that the market is constantly changing and while their current insurer may have been the most inexpensive at one time, other carriers may have lowered rates or a cheaper carrier may have entered the marketplace; it doesn’t hurt to shop around, and it could possibly save a significant amount of money.

Other Ways to Make Insurance More Affordable

Comparison shopping is a well known method of keeping automobile policies as affordable as possible and is advised by just about any government consumer guide that deals with auto insurance, but there are additional ways to save. One way to reduce the cost of premiums is to revisit a policy and ensure that the proper coverage is maintained and not to be over-insured and pay for unnecessary protection. While it is often suggested to purchase the highest limits of liability coverage that can be afforded, there may be other areas of a policy that can be adjusted that can reduce premiums. After a vehicle has depreciated in value to an amount where it may be more cost effective to purchase a new car following a total loss, it may be time to drop comprehensive and collision coverage since the deductible and premiums paid may add up to more than a vehicle’s worth, which can be put aside to buy another automobile should the owner suffer a loss.

Maintaining a good driving record is one of the most critical ways to maintain affordability. Keeping a clean history behind the wheel can almost guarantee that a motorist will be offered the cheapest rates and be considered as desirable by insurers. Individuals who have obtained tickets or had traffic accidents can reduce premiums by beginning to avoid acquiring tickets in the future and practice safe driving. After a certain amount of time, usually three years, insurers begin to disregard past violations and a good driver discount may become available and can save around 20% on a policy. In addition, other discounts may be available that should be taken advantage of and some of them are mandatory. For example, the Connecticut Department of Motor Vehicles states that car insurance companies must give at least a 5% rate reduction to drivers over the age of 60 who have completed an approved accident prevention course. In order to get the best deal on coverage, consumers should ask their agent or company what discounts are offered and how to take advantage of any available.

Buying Insurance in New Hampshire: The Granite State is among one of two states that allows motorists to choose to drive motor vehicles without having a car insurance policy in place. The other state is Virginia; however, residents must pay an Uninsured Motor Vehicle  fee in VA in order to operate in the state without automobile coverage. NH does not require such a fee to be paid, but does require motorists to be financially responsible for bodily injury and/or property damage that they may cause as a result of a traffic accident.

In many cases, the cost of automobile policies can be much cheaper than the expenses arising from traffic accidents and it is often suggested to purchase New Hampshire auto insurance coverage rather than choosing to drive uninsured, since doing so can prove to be costly. If a motorist is found to be at-fault for causing a traffic accident where another party is injured or sustains property damage, the uninsured motorist will be held liable and if the other party files a lawsuit, a court order can be issued requiring the uninsured to pay for damages by utilizing assets of their own. If the motorist had been insured, the automobile policy would have covered these costs up to the limits purchased.

New Hampshire auto insurance Requirements

Even though the Granite State does not mandate that motorist be insured while operating a vehicle, the state does, however, have a set minimum on the level of coverage that must be obtained for those that choose to purchase auto insurance. Vehicle policies must consist of liability limits of at least $25,000 for bodily injury to one person, $50,000 for bodily injury to two or more persons and $25,000 for property damage. This will cover the medical expenses of another party injured and the repair or replacement of property that is caused by the insured in their car up to the policy limits.

In addition, according to the Guide to Understanding auto insurance in the Granite State, New Hampshire Statutes, NH RSA 264:15 and NH RSA 264:16 also require motorist who purchase policies to also obtain Uninsured Motorist coverage to pay for injuries that an “insured” may sustain if involved in an accident with an individual who is operating a vehicle uncovered or a hit-and-run driver. The limits must be in the amount of $25,000 for one person and $50,000 per accident and must match the liability limits acquired. The statutes also mandate that consumers obtain Medical Payments in an amount of no less than $1,000 to pay for the insured’s injuries resulting from traffic accidents; this will pay regardless of fault. These are the absolute minimums required by the state and higher limits and additional coverage may be purchased.

How to Pick an Inexpensive Insurance Company: Locating the most affordable auto insurance provider can be one of the most satisfying feelings for a motorist, especially during a holiday season where many may be finding it difficult to balance the household bills with putting smiles on the faces on loved ones. Although the ultimate goal for most consumers is to find the cheapest coverage and the carrier that can offer it, there are many steps and items to take into consideration when doing so. A driver should not have to sacrifice quality, customer service, reliability or even protection in order to find the most inexpensive company and careful shopping can help this be avoided.

Every person who spends at least an hour a day in front of the television or surfing the Internet is almost certain to come across an advertisement selling automobile policies and just about every one of those ads will claim to be cheaper than the next. While there are cheap insurance companies available, not all of them are created equal. Sure there may be one that can indeed offer the lowest premium, but where they excel in low pricing they may lack in other departments; this can leave a policyholder paying an inexpensive rate, but they may also find it difficult should they need to call on their carrier for assistance with policies, filing a claim or even getting a simple question answered. If this becomes the case, then a consumer may feel as though they paid for a product that isn’t worth more than the paper that it was written on.

Finding Cheap and Reliable Insurance Companies

Locating the most affordable rates for automobile coverage is probably the simplest part of getting insured and in this day and age it has never been easier. With just about every company having a toll free number or a website, finding out what a carrier will charge for a policy can be done in no time. Although it may be easy, it should in no way be downplayed, according to a publication provided by the Nebraska Department of Insurance it states that pricing from each insurer can vary greatly from one to the next and comparison shopping is recommended. The fact of the matter is that price alone should not sway the decision of motorists in what carrier to purchase from, but the insurer should be taken into account as well.

As mentioned, finding the rates that will be charged can be as simple as picking up a telephone and calling several companies or visiting multiple websites. In a matter of an hour a consumer can have twenty quotes to compare from and they will easily see that some will vary substantially. Rather than jump on the one that is the cheapest, it may be a good idea to look into the provider prior to making the purchase. There are, of course, affordable carriers that offer top products and services, but there are also those who only offer inexpensive rates, but are unsatisfactory in other areas.

One of the best things that a potential customer can do is contact their state’s insurance regulator and ask for a complaint ratio for the companies that they are considering. This will show how many complaints a company has received compared to the number of premium dollars that they have written; if a carrier has a large number of complaints, it may be a good indication of the satisfaction level of customers and it may be a good idea to move on to the next insurer. Begin with the cheapest quote and if it doesn’t pan out then move on to the next until an affordable rate is found from a provider that seems to satisfy policyholders. This may help ensure not only a good deal, but also a healthy business relationship from a reliable carrier.

Other Handyman Resources for Recommended Insurance Coverage: Purchasing the right automobile policy is a very big deal and extremely important and can be the difference of whether or not a traffic accident will be fully covered or if the policyholder will be left footing the bill for expenses that were not covered by the insurer. There are a number of types of coverage, limits to choose from and interchangeable products that can make a choosing the correct option quite difficult on one’s own. Unfortunately, there is no such policy that will fit the needs of every driver, but there are valuable resources at the disposal of the motorist to help take some of the headache out of picking the options that will.

A company’s agent can be very useful in helping a motorist choose the right policy that will cover the necessary risks for their particular situation. Agents are knowledgeable in the industry and can explain certain terms and aspects of a policy that the average consumer may not understand in order to assist a driver in understanding what each portion of policies will cover and help in determining whether or not it is necessary to pay for. However, not every agent can offer the best price for coverage and it may be wise for motorist to take the time to speak with various agents prior to settling with one to also find the most affordable premium. One of the most trusted resources are those provided by state government agencies. The state insurance regulators often provide consumer guides detailing the required coverage, tips to getting insured, company licensing information and helpful ways to save on policies. It is advisable for consumers to visit their state’s website for assistance in getting the recommended level of protection. If an individual is uncertain of a certain detail, they may always contact the regulator or an industry professional.

Why To Buy More Extensive Florida Handyman Insurance: Although the cost of auto insurance constantly ranking among the highest in the nation, usually in the top five, Floridians may not want to consider the idea of purchasing more auto insurance coverage. However, although Florida automobile coverage can be expensive, it does not offer very much protection to policyholders. The state requires that motorist obtain a policy consisting of $10,000 in personal injury protection (PIP) and will pay for injuries sustained by the policyholder and those considered “insured”. As many may be aware, this dollar amount does not provide much of a cushion should an insured suffer severe injuries. With the cost of medical care this sum can be used up in the blink of an eye. It may be a good idea to consider higher limits if an individual does not have a health care plan to avoid being left with hefty medical bills.

The state also requires that resident motorist carry $10,000 in property damage liability, which will pay for the damage that the insured causes to another party’s property with their car. While this may seem like it could cover the majority of cars that are on the road, this is not necessarily the case. Many vehicles are worth well more than that and any compensation owed to the other party exceeding the $10,000 limit may need to be paid by the vehicle owner. Floridians are aware of the luxury vehicles that frequent the popular beach destinations, and even an accident that may not seem to serious can add up to more than the policy’s limits. Exotic cars have more expensive and rarer parts, therefore, the cost to repair them is costlier, even for a fender bender. Motorists should refer to the Florida automobile insurance consumer guide which can explain in detail how coverage works and assist in choosing adequate protection.

Safely Buy Handyman Insurance Online: As with any dealing or transaction completed over the Internet, there are safety precautions that must be taken to ensure that individuals obtain what they paid for as well as keep personal information safe. Thousands of websites offer to provide the lowest premiums for auto insurance, but prior to providing the requested info to begin comparing rates, one should make sure that the site is legitimate. It is more than likely that it could be considered pretty safe to get quotes from major carriers that are well known and heavily advertise, but if one comes across a company that may not be familiar it may be wise to be a little more careful.

Generally, a website will not require personal information such as driver’s license or social security numbers unless the consumer decides to purchase the policy; these items are usually not needed to shop around and obtain quotes. If a consumer is asked to provide this info prior to agreeing to buy coverage, it may be a good idea to make the company is legit or simply move on to the next website. Motorists who have found a carrier which can provide the desired product and affordable premium should ensure that the transaction is secure prior to entering personal information and payment. A reputable provider will likely provide security by safely transmitting sensitive data. When it comes to provide the necessary items to complete a transaction, consumers should ensure that the URL begins with https: rather than the usual http:. This shows that the insurer will keep info safe and secure. Additionally, the Texas Department of Insurance advises to make sure the company is licensed. Motorists should make sure that a company’s licensing is valid by checking with their state and prior to submitting payment.

Possible Effects of New Texas Required Insurance Limits for Handyman: Although it may not seem to be much of an increase from the previously mandated auto insurance coverage, the fact of the matter is that more extensive protection will be needed, the more it will cost. While a small increase in liability limits may have a small affect, if any, on particular drivers, some motorists may see a more substantial rate hike.

Policyholder who have clean driving histories are usually offered significantly lower premiums than those whose driver’s record shows a few mishaps. Therefore, raising coverage can have a minimum impact on their current premium, maybe only a few extra dollars per year. However, motorists that are considered a high risk and are already paying inflated rates for coverage may not be so fortunate and could experience a larger increase in premiums.

With the date of the new law taking effect being just around the corner, consumers may want to ensure that the best pricing will be obtained when it comes time to raise liability limits; this is true whether a motorist is considered a “good drive” or “high-risk”. Policyholders can simply call their current carrier and ask what their premium will be once the new law takes effect and gather a few quotes from other companies to see if a more affordable option may be available. An insured should keep in mind that it may not be worth it to switch insurers to save a few bucks and may be a hassle than having to cancel a policy and begin a new one, but individuals who see a sharp rate increase from their current provider may benefit from shopping around. The Texas Department of Insurance provides helpful information about the new changes, penalties for non-compliance and how to shop for coverage.

Where to Get Handyman Insurance Coverage Recommendations: As motorists look to obtain automobile policies they may become overwhelmed by a number of things. This can include the number of products available, the wide variety of companies in the market, the fluctuation in pricing and even the terminology used that may seem like a foreign language. Fortunately, consumers have many options and resources that they can turn to in order to get auto insurance recommendations and the amount of coverage that should be obtained and opinions on providers.

One of the most trusted sources a motorist can rely on is the opinion of family and friends. After all, these are the people that a consumer considers near and dear to their hearts, and hopefully such close company would never knowingly recommend a bad insurer or even poor advice when it comes to purchasing coverage. Friends and family who have been insured with certain companies can be a good source of feedback based on experiences that they have had with all sorts of aspects of car insurance.

Whether it is a good or bad claims experience with a carrier or advice on whether certain products should be purchased and have been beneficial in the past, having a trusted person to offer advice is good, but should not be solely relied on. Chances are that the friend or relative helping is probably not an industry professional and although their opinion should not be disregarded, other resources should be tapped.

Florida Handyman Insurance Requirements May Not Be Enough: The Sunshine State is an extremely popular state that many of the country’s residents relocate to and vacation. With such great attractions, beautiful beaches and great weather it has become one of the most populated states in the nation per square mile. While it may be the dream of many Americans to save up and retire in Florida, with densely populated areas comes the higher risk of being involved in traffic accidents and the minimum FL required limits may not be enough to cover the expenses of a loss.

Floridians may want to consider comparing the cost of more auto insurance coverage than what is required. With the large number of vehicles occupying the roadways and out-of-towners visiting vacation destinations, thorough comparisons can help a motorist be protected in the event of an accident.

When a Floridian decides it is time to purchase a new automobile policy or even if currently insured, they should take the time to conduct a FL car insurance comparison based the products that are available from insurers. One may be pleasantly surprised to find that they are a able to afford more coverage and better protect themselves as well as their assets.

Over the past few years the growth of the Internet has been remarkable and is quickly becoming the preferred destination for consumers to conduct and complete business transactions. From online banking to paying bills, many have found that the World Wide Web has provided the convenience that could have never been imagined fifty years ago and the same applies when it comes to purchasing auto insurance. In the not too distant past, insurers probably had no idea that they would be providing their services on the Internet, and let alone, the ability to sell policies, but this has become the case.

Since the possibility of providing quotes and provide automobile coverage over the Web has become available, there have been a practically limitless number of websites that have been developed that do just that. Most major insurer have developed a website that will provide an instant quote on the desired product while other sites will offer the rates of competitors and buy insurance online easily and conveniently. Being able to shop on the Internet can take a lot of hassle in finding the right insurer and and the best price.

In the time it used to take to contact enough companies to locate the most affordable policy by calling or visiting several agents can now be done in minutes by visiting various websites. Once a consumer finds what they are looking for, depending on state laws, they may have the opportunity to go forth a purchase the policy and become instantly insured and have proof of coverage sent by fax or email and be on the road in no time.

Handyman Prepare for Texas Insurance Requirements Increase: In an increasing effort to help ensure that Texans have more protection while occupying the roadways, the Lone Star State has gradually raised the minimum requirements for the liability portion of a car insurance policy over the course of the past few years. While many may not like the idea of higher limits of coverage being required, since it will likely cause the price of current policies to increase, it can help motorists in the event that they cause a traffic accident which would have exceeded the previous state mandated requirements.

The first change in Texas’ coverage required went into effect on April 1, 2008 and mandated that any liability policy purchased or renewed following that date must consist of no less than $25,000 for bodily injury or death to one person, $50,000 for bodily injury or death to two or more people and $25,000 for property damage per accident. These limits were increased from the previous amounts of $20,000, $40,000 and $15,000, respectively.

The newest change to the Texas car insurance laws will mandate that automobile policies purchased or renewed after January 1, 2011 must have a limit of $30,000 for bodily injury or death to one person and $60,000 for more than one person. However, there will be no change to mandated limit of property damage liability.

Caterpillar Work Tools has announced the introduction of a new line of buckets for the 374D and 390D Hydraulic Excavators. This new line of pin-on and coupler buckets feature improved designs to take full advantage of increased machine performance.

All sludge processing at Anglian Water’s Caister site is handled by Börger pumps: The recent installation of new gravity belt feed pumps at Caister-on-Sea sewage treatment works means that all sludge processing at the Anglian Water site is now being handled by Borger pumps.

Handyman Insurance Reminder: USWHD Memo Addresses FLSA Motor Carrier Exemption: The federal Fair Labor Standards Act’s Section 13(b)(1) provides an overtime exemption for “any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to” a specific section in Title 49 of the U.S. Code dealing with federal motor-carrier law.  Employers who have relied upon or followed this so-called “motor-carrier” exemption will remember that an inconspicuous 2005 amendment to Title 49 substantially narrowed its scope.   A further revision in 2008 introduced yet other questions and uncertainties.

In the proper circumstances, this exemption applies to drivers, driver’s helpers, loaders, or mechanics performing work affecting the safety of operation of certain motor vehicles on public highways in interstate or foreign commerce.  The necessary vehicles are those:

•   Of more than 10,000 lbs. that are operated in interstate or foreign commerce; or

•   Designed or used to transport more than eight passengers (including the driver) for compensation; or

•   Designed or used to transport more than 15 passengers (including the driver) and not used to transport passengers for compensation; or

•   Used in transporting hazardous material for which placarding is required under federal regulations.

In an internal memorandum (see below), the U.S. Wage and Hour Division has now refined how it will enforce this exemption in light of the 2005 and 2008 legislative changes.  The Division’s general position remains that, if the exemption applies to an employee, it does so in four-month periods of time beginning when the employee performs (or could reasonably have been called upon to perform) duties qualifying for the exemption.  However, perhaps the Division’s most momentous announcement is that an otherwise-exempt employee is nevertheless subject to FLSA overtime for a workweek in which he or she performs any work that affects the safe operation in interstate commerce of a vehicle not falling within one of the above four categories.  For example, even if 99% of the time a driver transports property moving in interstate commerce in a vehicle that weighs more than 10,000 lbs., the Division says that the FLSA overtime exemption does not apply to a workweek in which he or she spends any time driving a smaller vehicle in interstate commerce (assuming that the vehicle does not fit into one of the other categories).

In evaluating the over-10,000 lb. threshold, for enforcement purposes the Division will look to the “gross vehicle weight rating” found on the vehicle (usually shown on a plate on the vehicle’s door jamb).  If the vehicle is pulling a trailer, the Division will use the “gross combined vehicle weight rating”.

All employers who are relying upon the FLSA “motor carrier” exemption or who are considering doing so should take the Division’s memorandum into account in deciding how to proceed.  Of course, as always, employers must keep in mind the possible impact of the overtime laws of other jurisdictions, such as a state overtime requirement that has no exemption analogous to FLSA Section 13(b)(1).

◊   Have a comment or something else to add?  Please use our comment feature below.

Field Assistance Bulletin 2010_2.pdf (138.04 kb)

Kier Stoke takes on 80 apprentices: As a recognised National Skills Academy for construction, Kier Stoke, a division of Kier Building Maintenance, is serious about investing in the future of its local community and hopes to have supported 200 apprentices by the end of the project in four years’ time.

A Natura Pro fibre cement overclad solution from Marley Eternit has visually transformed tired looking buildings with a low maintenance decorative rainscreen facade at a housing refurbishment in Rock Grove, Liverpool.

Handyman Update: DOL/ABA Lawyer-Referral Program Threatens More FLSA Litigation: One might think that the risk of a wage-hour lawsuit couldn’t get any higher, but it will soon increase even more.  Vice President Biden and the American Bar Association recently announced that, starting December 13, the U.S. Labor Department will provide a toll-free number to connect people who have made federal Fair Labor Standards Act complaints with an ABA-approved attorney-referral service to help them find a qualified lawyer to handle their claims.  It appears that the Labor Department will do this on matters it concludes it cannot pursue given its limited resources.

In the past, DOL sometimes notified employees of their rights to sue under the FLSA when an employer refused to pay back-wages voluntarily but the government decided that the case was “not suitable for court action” by DOL.  These so-called “16(b) letters” were careful to say that DOL neither encouraged nor discouraged a lawsuit, and that whether to take action was entirely up to the individual.  It remains to be seen whether DOL’s communications under this new program will be similarly restrained, but providing ready access to a lawyer might in itself be viewed as already tilting the balance in favor of suing.

Moreover, before DOL sent a “16(b) letter”, it had concluded that there was an FLSA violation.  Nothing we have seen to date forecloses the possibility that the new program will include situations in which DOL has no idea whether the employee’s claim is valid or even has anything to do with the FLSA’s requirements.

So far as we are aware, no DOL/ABA lawyer-referral program is being adopted for employers (regardless of size) faced with allegations that they have run afoul of the FLSA.  Presumably, this is due to the DOL/ABA view that, as ABA President-elect Bill Warren puts it, “Wealthy people may already know or have a lawyer . . ..”

It is more important than ever for employers to evaluate their compensation practices right now to see whether they are fully in compliance with the FLSA and with all applicable state or local laws.  Employers should regularly train and re-train payroll employees and appropriate management personnel to ensure that they know how to comply with all wage-hour requirements in the course of doing their jobs, including as to the calculation of worktime totals and the proper amounts of pay.  Furthermore, employers should conduct regular internal wage-hour compliance audits, certainly at least once a year.

This new program will likely also affect how employers go about interacting with the U.S. Wage and Hour Division in connection with investigator inquiries and compliance audits.

◊   Have a comment or something else to add?  Please use our comment feature below.

Collapse in public funding will inevitably have a major impact on the construction sector: According to the latest RICS Construction Market survey, the impact of government spending cuts and continued concerns over access to finance saw sentiment in the construction industry turn increasingly negative during the third quarter of 2010.

3M is lighting up Ireland’s newest stretch of road. The M3, the largest motorway in Ireland, has recently opened, featuring 30,000 3M 301/290 Marker Series road studs. This follows an earlier project which saw 9,000 of its Marker Series 290 roadstuds chosen for a 24km stretch of highway.

Handyman Care In Drafting Pay Documents Is Essential: In all her 20 years in human resources, Janice has never seen anything like it.  Bigtime Electronics fired its Production Manager Fred Smith last week, and now his lawyer has sent Janice a letter demanding that Fred be paid more than $20,000 for overtime worked during his employment.  Fred clearly met the requirements for exemption from overtime under federal and state wage-hour laws.

But the attorney refers to a sentence in Fred’s hiring letter saying, “For payroll and withholding purposes, Bigtime Electronics will comply with all federal and state compensation laws and regulations.”  The lawyer says that, even if Fred was otherwise exempt from overtime, this was a contract in which Bigtime nevertheless agreed to abide by those requirements.  Janice picks up the phone to call Bigtime’s employment lawyer so that they can share a good chuckle.  Unfortunately, Fred might have the last laugh; at least one court has ruled that a similar sentence meant an employee was entitled to overtime under state law.

Increasingly, employees and former employees are invoking the words of a hiring letter, a compensation policy, a bonus memo posted on the bulletin board, and so on to make pay claims.  These contentions are often based, not upon minimum-wage or overtime laws, but instead upon things like contract law or state wage-payment statutes requiring employers to pay what they say they will.  For example, some courts have said that an employer’s meal-break policy could be interpreted to mean that employees are contractually entitled to pay for unworked meal periods, even though a wage-hour law would not require this.

Cases like these typically allege that management has failed to do something it said it would do or has done something different from what it committed to do.  Also, employees often try to exploit ambiguities, vagueness, or inconsistencies in compensation plans or policies in making their allegations.  It is not unusual for them to contend after-the-fact that words or phrases meant something different from what the employer believed everyone understood them to mean.

Employers should think carefully about what they are saying in documents that cover compensation matters or that could arguably affect employees’ pay.  Management should be sure that these materials say things as clearly and as accurately as possible, and that they neither say nor imply anything different from what the employer intends.  These documents should be drafted to give the employer maximum control and flexibility, including with respect to the interpretation of the terms used.  This doesn’t mean that pay documents have to be “lawyered-up”; being clear and accurate does not necessarily translate to being longer and more-complicated.

By transforming a 250-hectare blot on London’s landscape into a permanent sports village, after a fortnight for the 2012 Olympic and Paralympic Summer Games, the shapers of the $11.5-billion park hope to leave a green mixed-use development that lives on well into the future.

The answer to our November 4 Quick Quiz is “Yes”:  Fair Labor Standards Act overtime must indeed be figured on the kind of bonus we described.  In fact, the U.S. Wage and Hour Division’s Office of Enforcement Policy (“OEP”) took this position with respect to such a bonus in a May 2006 opinion letter.

Under the FLSA, overtime for non-exempt employees must be calculated based upon the “regular rate” of pay.  The FLSA says that the regular rate includes “all remuneration for employment paid to, or on behalf of, the employee,” with only limited exceptions.

Bonuses are not excluded from this definition simply because they are earned over an entire calendar year.  See, e.g., Opinion Letter of Deputy Wage-Hour Administrator FLSA2005-47 (November 4, 2005)(“regular rate” included a retention payment designed to encourage employees to remain employed at a facility from June 6, 2002 through September 21, 2004).

Employers need not compute overtime on “discretionary” bonuses within the FLSA’s meaning.  However, this exception applies only if both (a) whether the payments will be made, and (b) the amounts of any such payments:

•   Are within management’s sole discretion;

•   Are decided at or near the end of the period for which the performance of services is being recognized; and

•   Are not made pursuant to any prior contract, agreement, or promise (either expressed or implied) causing the employee to expect such payments regularly.

29 U.S.C.A. 207(e)(3)(a).  OEP concluded that the kind of annual bonus we described did not fall within these parameters, in part because the benchmarks for whether a bonus would be due suggested that the payments were promised “as an incentive for increased or sustained productive efforts.”  OEP also determined that the employer abandoned any discretion as to both whether payments would be made and what the amounts would be by announcing the criteria to employees well in advance, which in OEP’s view appeared to be “a prior promise or agreement” to pay the bonus if those criteria were met.  And although OEP did not clearly say so in explaining its conclusion, the bonus’s requirements relating to longevity and remaining employed at the time of payment also cut against its being viewed as discretionary.

Because the bonus is not excludable from the regular rate, Acme must determine whether any non-exempt employee receiving a bonus payment worked more than 40 hours in any workweek in the bonus period.  For any employee who did so, it must then figure the workweek-equivalent of the bonus and must calculate overtime on that equivalent for every workweek in which the employee worked overtime.

The U.S. Dept. of Transportation has pumped another $2.5 billion into the high-speed-rail funding pipeline and is increasing the flow of actual obligations from its $8-billion first rail round.

With the recent unveiling of three competing master plans for the colossal West Kowloon Cultural District (WKCD), Hong Kong finds itself at a watershed moment—one that will not only shape a prominent waterfront site, but also help define the city’s place in the ever-changing firmament of global cultural destinations.