UK Scratchcards - Xmas Bonus Part 2 - WORTH A WATCH!!!
Quirky Question 214, Christmas Bonus as Part of Regular Rate of Pay When Calculating Overtime Pay Quirky Questions Question: Each year, we provide our employees with a Christmas bonus of varying amounts.
We were recently told by someone that we may have to pay additional apologise, bonus song 1 was wages if we keep giving our employees a Christmas bonus.
Is this person right and is this true in Minnesota and Iowa?
Answer: By Bill Miller and Kevin Ha Kevin Ha The answer is governed by federal law and applied equally in Minnesota, Iowa and all other states.
You may have to pay additional overtime wages, although the answer is complicated and depends on the nature of your Christmas bonus.
The federal Fair Labor Standards Act FLSA generally requires that non-exempt employees who work more than 40 hours in a week be paid 1.
Calculating overtime pay is simple enough if the employee is only paid a basic hourly rate.
More complicated, however, is when the employee receives other payments, such as a Christmas bonus.
In fact, what may have been a small violation at first can cost employers big time if the violation occurred over several years and with multiple employees.
The FLSA — perhaps recognizing that this provision would provide a disincentive for employers to give bonuses — excludes certain payments from the regular rate of pay, including discretionary bonuses and gifts made at Christmas time or other special occasions.
Accordingly, a Christmas bonus may not have to be included in the regular rate of pay if it can be considered either a discretionary bonus or a gift.
For a Christmas bonus to be discretionary, slot lord of the rings employer 1 must retain discretion both as to whether the payment is made and as to the amount of payment, and 2 the employee cannot have part a christmas bonus contractual right to the bonus or to any particular amount nor can the bonus be otherwise promised to the employee.
For example, if an employer promises in advance to pay a bonus, then the bonus can no longer be considered discretionary.
Similarly, if an employer promises a bonus of a fixed amount, but maintains the right to give the bonus at its sole discretion, the bonus would still not be considered discretionary.
A Christmas bonus can also qualify for exclusion as a gift made at Christmas time if it is actually a gift or part a christmas bonus the nature of a gift and it is not measured by hours worked, production, or efficiency.
However, if the payment is so substantial that it can be assumed that employees consider it a part of their wages, it cannot be considered a gift.
Also, if the employee has a legal right to the payment, such as under a contract or other agreement or promise, then the payment cannot qualify as a gift.
Naturally, employees often expect yearly Christmas bonuses.
The federal regulations recognize this reality and provide that if an amount paid at Christmas or other special occasions is a gift or in the nature of a gift, then it may be excluded from the bonus 2300 wind turbine rate of pay even though it is paid with such regularity that employees expect it and even if the amounts paid to different employees vary, so long as the amounts are not measured by or directly dependent on hours worked, production, or efficiency.
You could face overtime wage liability if your Slot lord of the rings bonus does not fit the two exclusions explained above.
Thus, in order to be safe, the Christmas bonus should not be promised in advance, nor should any specific amount or formula be promised in advance.
It is also important that the Christmas bonus be announced like a gift and not be tied to hours worked, production, or efficiency.
Following these steps should allow you to spread holiday cheer without subjecting you to possible overtime wage liability.
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UK Scratchcards - Xmas Bonus Part 2 - WORTH A WATCH!!!
Holiday Bonus. Holiday bonuses range from small gifts; from cash to the ubiquitous holiday turkey to one month's salary. The amount is usually dictated by the company's practices. If you do receive one month's salary, count it as part of your salary if you look for work elsewhere.
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