Migliaccio & Rathod LLP is investigating whether AmeriCash Loans properly compensated hourly employees for overtime and work performed outside their recorded hours.
Reports provided for this investigation indicate that certain AmeriCash Loans employees may have received production or performance-based bonuses while also working overtime. The investigation also concerns reports of employees performing uncompensated off-the-clock work.
Under federal law, bonuses based on predetermined production, performance, sales, or similar criteria may need to be included in an employee’s regular rate when overtime is calculated. Excluding qualifying incentive compensation can result in employees receiving an overtime rate that is lower than required.
AmeriCash Loans employees must also generally be paid for compensable work their employer requires or permits them to perform, including certain work performed outside their scheduled or recorded hours.
Employees May Have Experienced:
- Receiving production or performance-based bonuses;
- Working more than 40 hours during weeks covered by incentive compensation;
- Having overtime calculated only from their base hourly wage;
- Performing work before clocking in or after clocking out;
- Working during unpaid meal periods; and
- Performing required work that did not appear on their time records or paychecks.
Potential Claims May Include:
- Failure to include qualifying bonuses in the regular rate;
- Underpayment of overtime compensation;
- Unpaid off-the-clock work;
- Failure to pay for all hours worked;
- Violations of the Fair Labor Standards Act; and
- Violations of applicable state wage laws.
Signs You May Be Affected:
- You worked for AmeriCash Loans as an hourly employee;
- You received production, performance, sales, or other incentive compensation;
- You worked more than 40 hours during weeks when you earned a bonus;
- Your overtime rate did not account for your incentive compensation;
- You performed work before clocking in, after clocking out, or during unpaid breaks; or
- Some of the time you worked did not appear on your paycheck.
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.