Epstein Featured in Q&A about Difficult Workplace Problems

Partner Bennett Epstein was featured in a What’s Working in Human Resources Q&A, “Experts Give their Solutions to Difficult Workplace Problems,” about whether it’s necessary for human resources professionals to factor performance bonuses into overtime calculations. 

Epstein explained, “The FLSA says, non-discretionary bonuses (those based on meeting production, sales or other performance standards) must be factored into the ‘regular rate,’ which is used to determine overtime pay. If the employer can determine precise weeks the employee earned the bonus, it must retroactively attribute the bonus to those weeks. If the employer can’t identify the specific weeks in which the bonus was earned, then the bonus must be allocated across the entire bonus period. Either way, the employer must pay additional overtime based on the bonus.”

Access his published response on page 4 of the attached PDF.