For hourly workers, all non-discretionary pay must be factored into the overtime rate. For example, nurses who get paid an extra dollar per hour for working certain shifts. That extra amount must be factored into the hourly rate when an employer calculates overtime wages. When a non-exempt employee (hourly) is supposed to earn a bonus, and that bonus must be paid because of an employer policy, then that pay should be factored into the employees overtime rate. Our contingency attorneys are experienced in prosecuting large class actions and know how to hold companies accountable when they deny their employees pay.
What Does a Non-Discretionary Bonus Look Like?
Here are a few examples:
- Retail clerks who get paid a portion of customer service charges in addition to regular pay.
- Secretarial employees who get a pre-determined bonus based on seniority that the employer is obligated to pay based on its own policies and procedures.
- Nurses who work the graveyard shift and get a higher hourly rate for such shifts. Overtime must be calculated at the higher hourly rate, not their regular hourly rate.
Orange County Class Action Employment Lawyers
Branigan Robertson is currently litigating multiple class actions against large corporations who abuse their employees. Failing to pay employees by the proper overtime rate is just one way that companies intentionally or unintentionally break the law. If you want a experienced class action attorney to take on your large employer, call our firm as soon as possible. We represent employees across California on a contingency fee basis in an effort to help workers rights. There is no risk in contacting our office. Your consultation will be free.