Union Wage & Hour Attorneys
Have You Been Victimized by Wage Theft or Denied Overtime Pay?
Americans are known for their strong work ethic. Unfortunately, this can create an opportunity for employers to take advantage of their employees—union workers included. If you have been subjected to unlawful labor practices, you may qualify to sue the union for breaching federal labor law.
Robert Peirce & Associates, P.C. is currently reviewing claims brought forth by union workers who have been robbed of regular and overtime pay and, therefore, whose rights have been violated. If you are among those affected, our attorney team will work without rest to recover the wages you have rightfully earned.
Call (844) 383-0565 for a free consultation with a union wage and hour lawyer.
Wage & Hour Law: What Is the FLSA?
The Fair Labor Standards Act of 1938 (FLSA), 29 U.S. Code § 203, is the federal wage and hour law that mandates all employees have a right to be paid at least minimum wage. Further, if an employee works more than 40 hours in one workweek, the FLSA states theymust be compensated for this overtime in the amount of time-and-a-half of their regular hourly pay.
Calculating Overtime on a Bonus
Any nondiscretionary bonuses must be factored into an employee’s regular hourly rate to determine the correct overtime pay.Common examples of nondiscretionary bonuses include:
- Attendance bonuses
- Bonuses for quality and accuracy
- Bonuses based on production or another predetermined formula
- Bonuses created to motivate employees to work more efficiently
- Bonuses for going a certain number of days without a safety incident/accident
Per the Wage and Hour Division, what makes a bonus nondiscretionary is that the employee knows of and expects the bonus. Thus, even though the employer has the option not to pay the bonus, it must still be factored into their overtime rate.
Discretionary bonuses are not factored into overtime because they are not considered part of the regular hourly rate:
- Severance bonuses
- Employee-of-the-month bonuses
- Bonuses for making it through a stressful, challenging time
- Referral bonuses, unless the employee’s job involves recruitment
Bonuses & Perks Instead of Overtime
It is illegal for an employer to not pay or to underpay an employee for overtime, as well as to offer perks as an alternative to time-and-a-half. For example, an employer cannot replace overtime pay with the following:
- Profit-sharing options
- Additional time off
- Health insurance
- Access to company computers, vehicles, or cell phones
- Contributions to a retirement plan
Advocating for Union Workers in Pennsylvania, Ohio & West Virginia
At Robert Peirce & Associates, P.C., we are highly experienced with employment and wage violation claims, particularly when labor unions are involved. Although these cases may seem simple on the surface, they can be very complex. You deserve the counsel of an award-winning Pittsburgh lawyer. Backed by over 40 years of experience, we will fight to ensure you are compensated a fair day’s pay for a fair day’s work.
Why wait? Contact us online to discuss your options with a union wage and hour attorney. We truly care about protecting the rights of union workers.