Subtracting Cable Installers' Piece Rate Overtime Premium from Bonus Before Calculating Regular Rate Doesn't Add Up: Ninth Circuit | Practical Law
In Brunozzi v. Cable Communications, Inc., the US Court of Appeals for the Ninth Circuit held that an employer's piece-work-based payment plan, which includes a contractually-required bonus that decreases proportionally with an increase in the number of overtime hours worked, violated the overtime provisions of the Fair Labor Standards Act (FLSA).