Migliaccio & Rathod LLP is investigating whether Johnson Controls properly calculated overtime compensation for hourly employees who received shift differentials, production bonuses, sign-on bonuses, guaranteed pay, hazard pay, or other additional compensation.
Reports provided for this investigation indicate that certain Johnson Controls employees may have received several forms of compensation in addition to their ordinary hourly wages, including shift differentials, production bonuses, sign-on bonuses, guaranteed payments, and hazard pay.
Under federal law, certain nondiscretionary bonuses, shift differentials, and other forms of compensation generally must be included in an employee’s regular rate when overtime is calculated. Whether a particular payment must be included depends on the nature and terms of the payment.
If qualifying compensation was excluded and overtime was calculated only from an employee’s base hourly wage, affected Johnson Controls employees may have received less overtime than required by law.
Employees May Have Experienced:
- Receiving evening, overnight, or other shift differential pay;
- Receiving production or performance bonuses;
- Receiving guaranteed or recurring incentive payments;
- Receiving hazard or similar additional pay;
- Working more than 40 hours during weeks when additional compensation was earned; and
- Having overtime calculated using only the base hourly wage.
Potential Claims May Include:
- Failure to include qualifying bonuses in the regular rate;
- Failure to include shift differentials or other compensation in overtime calculations;
- Underpayment of overtime compensation;
- Improper calculation of overtime premiums;
- Violations of the Fair Labor Standards Act; and
- Violations of applicable state wage laws.
Signs You May Be Affected:
- You worked for Johnson Controls as an hourly employee;
- You received shift differential, production bonus, guaranteed, hazard, or other additional pay;
- You worked more than 40 hours during weeks when you received additional compensation;
- Your overtime rate was calculated only from your standard hourly wage;
- Your additional compensation did not appear to increase your overtime rate; or
- Your paystubs show bonuses or differentials without a corresponding overtime adjustment.
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.