A new DOL/ABA lawyer-referral program threatens to increase FLSA litigation even more.

Management must be certain that its compensation documents say exactly what it means.

FLSA overtime must be computed on a bonus paid to eligible nonexempt employees for the prior calendar year which was based upon whether the employer's overall performance exceeded certain standards.

Every February 1, Acme Banking pays a bonus to eligible nonexempt employees for the prior calendar year if Acme's overall performance exceeded certain standards. Is overtime premium due on that bonus?