Migliaccio & Rathod LLP is investigating whether Thermo Fisher Scientific properly calculated overtime compensation for hourly employees who received shift differentials, bonuses, COVID-related pay, essential-worker pay, or other additional compensation.
Reports provided for this investigation indicate that certain Thermo Fisher employees may have received multiple forms of compensation in addition to their ordinary hourly wages, including shift differentials, sign-on or compensation bonuses, COVID or essential-worker pay, and other recurring payments.
Under federal law, certain nondiscretionary bonuses, shift differentials, incentive payments, and other forms of compensation generally must be included in an employee’s regular rate when overtime is calculated.
If qualifying compensation was excluded and overtime was calculated using only an Thermo Fisher employee’s base hourly wage, affected employees may have received less overtime than required by law.
Employees May Have Experienced:
- Receiving a shift differential for evening, overnight, or weekend work;
- Receiving performance, incentive, sign-on, retention, or other bonuses;
- Receiving COVID-related, essential-worker, or similar additional pay;
- Working more than 40 hours during weeks covered by additional compensation;
- Having overtime calculated only from their base hourly wage; and
- Receiving no additional overtime adjustment after qualifying bonuses or other payments were issued.
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 wages;
- 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 Thermo Fisher Scientific as an hourly employee;
- You received shift differential, incentive, bonus, essential-worker, or other additional pay;
- You worked more than 40 hours during weeks associated with that compensation;
- Your overtime rate was calculated from your base hourly wage alone;
- Your paystub does not show an overtime adjustment associated with additional compensation; or
- You regularly received bonuses or differentials without seeing them reflected in 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.