Bonuses, Free Meals, Gift Cards and Other Types of Additional Compensation May Create Exposure to Costly Overtime Class Action Lawsuits

Non-exempt employees in the senior living and long-term care industry often receive compensation in addition to their hourly rate of pay, including, for example, incentive or attendance bonuses, shift differentials, and in-kind wages like meals and lodging.  Some, if not all, of these additional items of compensation must be included when determining the employees’ “regular rate” of pay for purposes of calculating overtime wages.  Failure to do so may result in an investigation by the Department of Labor and/or costly class-action lawsuits.

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