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When you are an hourly employee who is eligible for overtime…

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When you are...

When you are an hourly employee who is eligible for overtime and depending on production you are also eligible for bonus. Is it legal for an employer to reduce the bonus you earned for production by the amount of overtime you worked?

Lawyer's Assistant: Was this wage-and-hour issue discussed with a manager or HR? Or with a lawyer?

Not yet, we are tying to find out if it is legal before we speak to HR as we don't want to get black listed and be on the chopping block.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that it is, hourly employee. They did just change to this, before we would get both overtime and the full bonus.

Submitted: 27 days ago.Category: Employment Law
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Answered in 3 minutes by:
5/28/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 27 days ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,475
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

It would only be a legal issue of your bonus was a contracted and guaranteed part of your compensation, such that it could not ever change. Otherwise, bonuses are paid at employer's discretion and as long as they are not discriminating based on race, religion, gender, age, disability or FMLA use, they can set this rule.

Their reasoning here can be that if you are already receiving 1.5 x your regular pay and that is contributing to your increased production, they should not pay you a premium again in bonus. I don't personally agree with their position, but it is not illegal, so that can do it.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 26 days ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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