Assertion: bonus | /r/HasProperty | discretionary
Facets:
value: under the flsa
type: OTHER
value: regardless of the label
type: OTHER
value: if both the fact
type: OTHER
value: under section
type: LOCATION
value: truly
type: DEGREE
Source sentences:
text: Most employers believe that their bonuses are discretionary, when they actually are not.
text: How is an employer to know if the bonus it is paying is considered non-discretionary or discretionary?
text: Therefore, the question we often see is whether the bonus is truly discretionary.
text: While the regulations do provide some guidance, at the end of the day whether a bonus is discretionary or nondiscretionary is a very fact specific analysis.
text: The label assigned to a bonus does not conclusively determine whether a bonus is discretionary under section 7(e)(3).
text: Thus, regardless of the label or name assigned to bonuses, bonuses are discretionary and excludable if both the fact that the bonuses are to be paid and the amounts are determined at the sole discretion of the employer at or near the end of the periods to which the bonuses correspond and they are not paid pursuant to any prior contract, agreement, or promise causing the employee to expect such payments regularly.
text: Whether a bonus is “discretionary” is not easy to determine and should be reviewed by an experienced labor law attorney to make sure an employer does not run afoul of state and federal employment laws.
text: How is an employer to know if the bonus it is paying is considered non-discretionary or discretionary?
text: If the bonus meets these criteria, it is considered discretionary under the FLSA and need not be included in overtime pay calculations.