Overtime pay for nonexempt employees can be more complicated than multiplying hours by wage. When bonuses are involved, they may alter the employee’s regular rate under the FLSA. Misclassifying bonuses may lead to compliance risks and employee disputes, so understanding how to factor them into overtime is essential.
Paid at the employer’s sole discretion. No promise or prior notice. Examples include holiday gifts, spontaneous spot awards, employee‑of‑the‑month, and seniority gifts. These do not impact the regular rate under the FLSA, and thus are excluded from overtime calculations.
Promised in advance, based on performance, attendance, company policy, or work quality. These bonuses create employee expectations and must be included in the regular rate when calculating overtime.
Examples:
Production quotas
Attendance rewards
Performance review bonuses
Service anniversary awards
Shift differentials
Add bonus to total straight‑time wages for that week
Divide by hours worked to find the adjusted regular rate
Use time‑and‑a‑half (regular rate × 1.5) for overtime hour
Allocate the bonus across the covered weeks. Recalculate the regular rate each week, then apply formula above.
When a bonus is calculated as a percentage of total earnings including straight and overtime wages, and it is nondiscretionary, it may exempt employers from a supplemental overtime calculation because overtime on the bonus is built in.
Jane earns $16/hour, works 44 hours in a week and receives a promised $100 production bonus:
Straight‐time wages = $16 × 44 = $704
Total compensation = $704 + $100 = $804
New regular rate = $804 ÷ 44 = $18.27
Half‑time premium = $18.27 × 0.5 = $9.14
Overtime pay = $9.14 × 4 = $36.56
Many employers fail to include nondiscretionary bonuses in overtime regular rate calculations, exposing themselves to legal claims and wage‑theft allegations. For example, the Illinois Supreme Court recently held that excluding performance bonuses from overtime violates state law unless they qualify as gifts.
If you believe you have not properly calculated overtime, you’ll need to conduct a thorough review of overtime payments going back at least two years. While the standard time limit for filing an overtime claim is two years, it can extend to three years if the underpayment was found to be intentional.
| Step | Action |
|---|---|
| 1 | Identify whether a bonus is discretionary or nondiscretionary |
| 2 | Determine the period the bonus covers (single or multiple weeks) |
| 3 | Recalculate the regular rate per week, including bonus |
| 4 | Apply time‑and‑a‑half to overtime hours |
| 5 | Track percentage‑of‐earnings bonus plans that may simplify calculations |
| 6 | Periodically audit payroll and bonus practices for accuracy |
Interested in deeper HR workflow best practices? Check out these helpful resources.
How to Prevent Payroll Miscalculations & Ensure Employees Are Paid Correctly
©2025 - Content on this blog is intended to provide helpful, general information. Because laws and regulations evolve, please consult an HR professional or legal expert for guidance specific to your situation.