my employer has a 2.50 “bonus” on every hour worked (the only requirement is that I am working)
they say the contract with the insurance company doesn’t cover bonuses. (this makes sense as we also have monthly incentives and other contests)
In the contract and job posting, this is listed as the hourly wage with a break down claiming a base wage and this amount as being able to be altered across the line of business.
they are claiming that the above ^ means it is a bonus and not a wage.
turns out they are also taking this to the point of not paying this hourly bonus on any holidays, vacations or including it in overtime calculations.
dose my understanding make sense? as I can not find case law as it seems no company has done this the closest cases I can find more or less assume non-discretionary are part of wage as per law.
from my readings:
wage vs (salary) pay : a wage earner is payed by the hour
“base” pay = wage
wage includes any contracted bonus and is defined by compensation for hours worked (remuneration)
vacation, sick days, overtime and stat holidays are to be paid at the rate of wage
ergo the bonus as outlined in the contract is based on hours worked, and performance-based and thus is a non-discretionary. this means it is to be included when calculating “wage” pay, as well the monthly incentives are to be included for calculating the “wage” for that month for anything accrued such as vacation time earned, overtime worked, sick pay and stat holidays.
company has failed to include the bonus as outlined in the contract for the calculation and payment on sick days, vacation time, overtime and stat holidays.
as well the monthly incentive for many employees it seems has not been included in these calculations as well.