Question: Do we have to factor a workers’ performance bonus into how much overtime we owe her?

A: The FLSA says non-discretionary bonuses (those based on meeting production, sales or other performance standards) must be factored into the “regular rate of pay” which is used to determine overtime pay, explains employment law attorney Bennett Epstein (BEpstein@foley.com) of the firm Foley & Lardner LLP.

If the employer can determine precise weeks…

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