Commission & Bonus Left Out of Your Overtime Rate

Overtime calculated only on base hourly pay, leaving out commissions or non-discretionary bonuses that legally must count toward the "regular rate."

What This Looks Like

• Earns hourly pay plus monthly commission, but overtime is calculated only on the hourly rate.
• Receives a regular production bonus that overtime pay ignores entirely.
• Paid a non-discretionary quality bonus each pay period that isn't folded into the overtime calculation.

What Can Affect a Case Like This

What can affect a case like this includes how much commission or bonus pay was excluded from the regular rate over time, how many overtime hours were affected, how long the practice went on, and whether the bonus was "non-discretionary" (tied to a formula or target) rather than a true discretionary gift.

Other Claim Types