Q. Other than my "base" pay, should any other payments I receive (eg. Bonuses) be taken into account when calculating my overtime rate?

A. In most cases – Yes. Unless your bonus is completely discretionary on the part of your employer, it must be included in determining your "regular rate" of pay. If your bonus is tied to achieving certain preset goals, quotas or other requirements, it is not considered to be discretionary.

Michael Lore is the founder of The Lore Law Firm. For over 25 years, his law practice and experience extend from representing individuals in all aspects of labor & employment law, with a concentration in class and collective actions seeking to recover unpaid back overtime wages, to matters involving executive severance negotiations, non-compete provisions and serious personal injury (work and non-work related). He has handled matters both in the state and federal courts nationwide as well as via related administrative agencies. If you have any questions about this article, you can contact Michael by using our chat functionality.