Review discretionary versus nondiscretionary bonuses.
While the FLSA does not require employers to pay employees on a weekly basis, the payment of overtime, including supplemental pay, must be calculated on a workweek-by-workweek basis. Thus, an employee’s regular rate of pay must include all supplemental pay attributed to the particular workweek that includes the period of time during which the employee earned the supplemental pay. This video reviews examples of supplemental pay subject to the FLSA and discusses the types of bonuses affecting supplemental pay.
Jerilyn E. Gardner
Gardner Law Firm, LLC
- Founder of Gardner Law Firm, LLC
- Extensive background in wage and hour law
- Lead or co-counsel on FLSA litigation throughout the country, including large-scale collective action cases
- Contributing author for the FLSA Midwinter Report published by the American Bar Association and BNA Books, 2016–present
- Clerked on both the Georgia Court of Appeals and the U.S. Court of Appeals for the Sixth Circuit
- J.D. degree, University of Pittsburgh; B.S. degree, University of Georgia
- Can be contacted at [email protected], 404-383-0992, or www.gardnerjlaw.com
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