DOL Reminds Employers to Include Non-Discretionary Bonuses When Calculating Regular Rates and Overtime Premiums — But How?
The Department of Labor’s January 2026 Opinion Letter reminds employers that non‑discretionary bonuses must be factored into the regular rate of pay for FLSA overtime calculations. Unlike discretionary bonuses, these payments are tied to predetermined criteria such as attendance or safety metrics and therefore count as straight‑time wages. Employers calculate the regular rate by adding base wages and applicable bonuses, then dividing by total hours worked, which inflates the overtime premium. Failure to incorporate these bonuses can generate significant unpaid overtime exposure and litigation risk.
Thinking About Employee Unease as a Legal Risk Factor
The article warns that rising employee unease—driven by AI layoffs, economic uncertainty, and geopolitical tensions—creates a hidden legal risk for employers. It argues that traditional policies alone won’t mitigate this risk when emotions run high. Companies that prioritize perspective‑taking communication...
PFAS False Advertising Class Actions: A Growing Threat Across Industries
PFAS false‑advertising class actions are expanding from environmental suits to any consumer‑facing sector that uses health, safety or sustainability language. Plaintiffs argue that terms like “natural” or “eco‑friendly” imply PFAS‑free status, even when PFAS enter products unintentionally via supply chains....
GSA’s New Proposed “American AI” Clause for Schedule Contracts: What Contractors Need to Know
On March 6, 2026 the GSA issued a proposed GSAR clause—552.239‑7001—mandating the exclusive use of "American AI" in all Schedule contract performance. The clause requires contractors to disclose every AI system, enable human oversight, report incidents within 72 hours, and provide extensive documentation...
DOJ’s FCA Head Shares Enforcement Insights
At the Federal Bar Association’s Qui Tam conference, Deputy Assistant Attorney General Brenna Jenny outlined the Department of Justice’s enforcement philosophy under the False Claims Act. She stressed that the DOJ targets concrete harm, will pursue stale conduct within the statute...
Soft Selling Text Messages Could Count as Solicitations Under the TCPA
The Northern District of Georgia ruled that soft‑selling text messages offering to buy a homeowner’s property can qualify as TCPA telephone solicitations when they aim to promote services, even without explicit service language. The court upheld the plaintiff’s claim for...
Shanghai Huangpu District People’s Court: AI Prompts Not Copyrightable
In a 2025 ruling, Shanghai Huangpu District People’s Court held that English‑language prompts fed into Midjourney are not eligible for copyright protection. The court found the six prompt sets to be unordered lists of common artistic terms lacking original expression,...
Brussels Regulatory Brief: November/December 2025–January 2026
The European Commission unveiled new guidelines on the EU Foreign Subsidies Regulation, defining presumptions for targeted subsidies, a balancing test, and a prior‑notification regime for below‑threshold deals. In parallel, it levied hefty penalties: €72 million on automotive starter‑battery makers for a...