One-Time Bonus and Pay for Volunteer Time Off Properly Excluded From Overtime Pay Calculation, Per Fourth Circuit
By EsqSocial Corporation 25/06/21
In 2020, non-exempt, hourly employees of Lowe’s sued the home improvement retailer under the Fair Labor Standards Act (FLSA) for not including payment of a one-time bonus, and payment for time spent on charitable volunteer activities, in the “regular rate” used to calculate their overtime pay. The U.S. District Court for the Western District of North Carolina dismissed the suit. On June 17, 2021, the Fourth Circuit Court of Appeals affirmed dismissal, holding that the bonus and volunteer time...
By: Nexsen Pruet, PLLC