Migliaccio & Rathod LLP is investigating whether Allina Health properly calculated overtime compensation for hourly employees who received shift differentials, sign-on bonuses, COVID-related pay, awards, or other additional compensation.
Reports provided for this investigation indicate that certain Allina Health employees may have received shift differentials, sign-on bonuses, COVID-related or special payments, and other forms of compensation while also working overtime.
Under federal law, certain nondiscretionary bonuses, shift differentials, retention payments, and other forms of compensation generally must be included in an employee’s regular rate when overtime is calculated.
If qualifying additional compensation was excluded and overtime was calculated using only an Allina Health employee’s base hourly wage, affected employees may have received less overtime than required by law.
Employees May Have Experienced:
- Receiving evening, overnight, weekend, or other shift differentials;
- Receiving sign-on, retention, COVID-related, or incentive payments;
- Working more than 40 hours during weeks covered by additional compensation;
- Having overtime calculated only from their base hourly wage;
- Receiving bonuses separately without an additional overtime adjustment; and
- Regularly earning additional compensation that did not appear to affect the overtime rate.
Potential Claims May Include:
- Failure to include qualifying bonuses in the regular rate;
- Failure to include shift differentials in overtime calculations;
- Underpayment of overtime compensation;
- Violations of the Fair Labor Standards Act;
- Violations of applicable state wage laws; and
- Recovery of unpaid overtime and other available damages.
Signs You May Be Affected:
- You worked for Allina Health as an hourly employee;
- You received shift differentials, bonuses, retention payments, or other additional compensation;
- You worked more than 40 hours during weeks associated with that compensation;
- Your overtime rate was calculated from your base hourly wage alone;
- You did not receive an overtime adjustment after a bonus was paid; or
- Your paystubs show additional compensation that did not increase your overtime rate.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.