HOW TO CALCULATE OVERTIME PAY UNDER THE FLSA
Generally speaking, employees who are exempt from the protections of the Fair Labor Standards Act (FLSA) must receive overtime pay for all hours worked over 40 hours per week at a rate not less than time and one-half their regular rate of pay. You can find more information from the Department of Labor here- http://www.dol.gov/dol/topic/wages/overtimepay.htm. Our Ohio Employment Lawyers can answer any questions you have about whether or not you are entitled to overtime pay.
“Regular rate of pay” becomes an interesting issue when an employee’s regular rate of pay includes certain types of bonuses, like non-discretionary bonuses. There are many examples of non-discretionary bonuses, such as shift differential pay, promotional bonuses and cost of living adjustments. Non-discretionary bonuses are those promised to employees before work begins. A good example is when an employee makes X amount of sales, he or she receives X% as a non-discretionary bonus that is factored into the hourly rate of pay. It is a little known aspect of the FLSA that an employer must include non-discretionary bonuses when calculating the regular rate of pay for purposes of overtime pay calculations.
Truly discretionary bonuses, which are a very rare animal, are not included when calculating the regular rate of pay of an employee for overtime bonuses. Discretionary bonuses include any gift (like a Christmas bonus), premiums paid for work on Saturdays, Sundays or holidays, and vacation pay. When a non-discretionary bonus covers a period of time that is longer than one work week, it must be reapportioned back over the work weeks of the period during which it was earned. Employers make a mistake where they allow the employee to be paid the non-discretionary bonus for a 30-day period, but do not go back and reapportion that bonus to the employee’s regular rate of pay per hour. Often, a non-discretionary bonus will result in an increase in the rate an employee is paid per hour, thereby increasing the rate he or she is owed for any overtime pay for that period of time. This is one of the most common mistakes employers make with regard to the FLSA. If you believe you are being paid the wrong amount of overtime pay because of a bonus structure like the one being described here, please reach out to our Ohio overtime lawyers here https://www.thefriedmannfirm.com/contact-us/.
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Rachel was absolutely amazing. As an attorney she really took the time to really listen to my concerns. She was honest and kept me informed every step of the way. The outcome was favorable on my behalf and I appreciate her efforts to achieve a good outcome. I would highly recommend her and the Friedmann firm to represent me if ever needed in future.
Working with Rachel Sabo from Friedmann Firm was absolutely amazing! She upholds integrity, honesty and without a doubt fights for what is right! Rachel was extremely transparent and real! Please don’t let wrong be right, Rachel will strive to advocate and put her whole heart in obtaining resolve in your situation! What an absolute blessing, she won my case in less than 1 week💪
My experience with the Friedmann Firm is an absolute 5 stars. From my very first call with Karen, to all of my communication with Rachel, everything exceeded all of my expectations. Rachel and Karen were so caring and understanding in a very sensitive situation. They responded immediately to any questions or concerns I had. I would HIGHLY recommend the Friedmann Firm. They are caring, professional, understanding, and I would trust them with any issue I have in the future.
Rachel and the Friedmann Firm were fantastic to work with. The thought of needing an employment lawyer was scary for me, it was confusing and complex. But Rachel listened, asked questions and took time to really understand me and my priorities. I felt calm, supported and excited for the first time in weeks after talking to her!! We worked together to review everything, set expectations and meet my priorities! Thanks Rachel and team for all your work!!!
Rachel Friedmann of the Friedman Firm was my attorney for a very recent legal matter. I would highly recommend Rachel based on her legal knowledge, her honest appraisal of the matter and expected outcomes, her open communication and timely responses to my questions and the matter itself, and her steadfastness in dealing with the opposing counsel until a final agreement was reached.
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Couldn’t be happier with the representation I received from Jamie Bailey on my civil litigation case. She worked tirelessly to resolve the case and in the end negotiated a fair settlement on my behalf. I would highly recommend her to anyone! Thanks for everything Friedman law firm.
Friedman Firm was a great help in a difficult time in my life. They went above and beyond to get me back on track. Rachel was so good to work with and is extremely knowledgeable about the law and employment rights. Can't thank them enough for all there hard work. Highly recommend them to anyone.
The Friedmann Firm (specifically Pete Friedmann) represented me through what seemed like a never ending employment discrimination suit. The suit was filed just before Covid shut everything down in 2020. Add to that a former employer who refused to admit fault. In spite of all of that, Pete stood resolute in his representation of me and working for the best outcome for me. We ended up settling prior to trial and I was more than satisfied with the results. Pete was always available to answer questions and reassure me throughout this process. I highly recommend The Friedmann Firm!
Pete Friedmann and his firm are fantastic. He represented me for more than a year going through a suit with a previous employer. He walked me through every step of the process and was always quick to respond to any questions I had. My settlement came in and we parted ways with both sides being pleased with the outcome. I highly recommend the Friedmann firm and wouldn’t hesitate to use them again in the future if the need arose. Thank you, Pete!
Rachel and the Friedmann Firm have been amazing to work with. Rachel was very helpful, listened to our concerns and took our case. She communicated well throughout and really worked for us. We were very well represented!
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