An employee’s regular rate of pay includes all “remuneration for employment paid to, or on behalf of, the employee…” See 29 U.S.C. § 207(e). In calculating an employee’s regular rate of pay, employers must account for all bonuses unless they are discretionary both as to the fact of payment as well as the amount of payment. The failure to account for even small bonuses can subject an employer to liability.
– Jared Hague
The principal test of an employment relationship is whether the employer has the right to control the manner and means in which the work is performed. Additionally, courts will consider factors such as whether the services rendered require a special skill, the degree of permanence of the work relationship and whether the services rendered are an integral part of the employer’s business.
– Brett Sutton
Other Topics Covered Include:
- Off the clock work issues
- Dangers of creating a joint employment relationship
- Consequences for misclassifying employees as independent contractors
- Recommendations for avoiding four of the most common wage and hour mistakes
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