Migliaccio & Rathod LLP is investigating whether Liberty Cannabis and Holistic Industries properly calculated overtime wages for hourly employees who received monthly bonuses or other incentive compensation.
Public employment materials indicate that Liberty Cannabis has offered a monthly bonus program to hourly dispensary employees. For example, an hourly Inventory Associate position advertised both an hourly wage and participation in a monthly bonus program.
Under federal wage law, certain nondiscretionary bonuses generally must be included in an employee’s regular rate when calculating overtime compensation. This can include bonuses that employees earn by satisfying predetermined sales, productivity, attendance, store-performance, or other performance requirements.
If an employee works more than 40 hours during a week covered by such a bonus, calculating overtime solely from the employee’s ordinary base hourly wage may result in the employee receiving less overtime compensation than required by law.
Migliaccio & Rathod is investigating whether hourly Liberty Cannabis employees who received monthly or performance-based bonuses were properly compensated for overtime.
Employees May Have Experienced:
- Receiving monthly bonuses in addition to their hourly wages;
- Receiving bonuses for meeting predetermined performance or store goals;
- Working more than 40 hours during weeks covered by a bonus;
- Receiving overtime calculated only from their base hourly wage;
- Receiving no additional overtime adjustment after a monthly bonus was paid; and
- Regularly receiving incentive compensation without seeing it reflected in their overtime rate.
Potential Claims May Include:
- Failure to include nondiscretionary bonuses in the regular rate;
- Underpayment of overtime compensation;
- Violations of the Fair Labor Standards Act;
- Violations of applicable state overtime laws; and
- Recovery of unpaid overtime wages and other available damages.
Signs You May Be Affected:
- You worked for Liberty Cannabis or Holistic Industries as an hourly employee;
- You participated in a monthly bonus or incentive program;
- You received sales, performance, productivity, KPI, attendance, or store bonuses;
- You worked more than 40 hours during weeks covered by those bonuses;
- Your overtime rate remained exactly 1.5 times your ordinary hourly wage; or
- Your paystubs do not show an additional overtime adjustment associated with your bonuses.
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.