DID YOU KNOW YOUR OVERTIME RIGHTS CANNOT BE ABRIDGED BY CONTRACT UNDER THE FAIR LABOR STANDARDS ACT?
Did you know the regular rate used for calculating your overtime rate can be different from your regular rate for hours under forty hours per week?
did you know in some cases you may recover unpaid overtime pay + an equal amount as liquidated damages?
OVERTIME VIOLATIONS RESULTING
FROM FAILURE TO INCLUDE NON-DISCRETIONARY BONUSES
Plaintiffs received bonuses based on:
(1) “the amount of expected rental income received versus the total amount of collected rental income;”
(2) “lease renewals for current tenants;” and
(3) “new tenant move-ins.” (Id. at 13).
These bonuses were implemented at the beginning of Plaintiffs’ employment and were used as incentives to increase revenue for Defendant. (Id.).
Given this configuration, this Court finds these bonuses were non-discretionary and, therefore, should have been included in Plaintiffs’ regular rate. Douglas v. Aspen Mgmt. USA, LLC, 2022 U.S. Dist. LEXIS 18548, *21-22
Unlike discretionary bonuses, “[b]onuses which are announced to employees to induce them to work more steadily . . . or to remain with the firm . . .” must be included in an employee’s regular rate. 29 C.F.R. § 778.211(c). “Most . . . bonuses contingent upon the employee’s continuing in employment until the time the payment is made and the like are in this category; in such circumstances they must be included in the regular rate of pay.” 29 C.F.R. § 778.211(c).
Kneuss v. Advanced Clinical Emp’t Staffing, LLC, No. 2:20-cv-00773-MHH, 2021 U.S. Dist. LEXIS 186887, at *12 (N.D. Ala. Sep. 29, 2021)