Migliaccio & Rathod LLP is investigating whether Modine properly calculated overtime compensation for hourly employees who received shift differentials, performance bonuses, guaranteed bonuses, or other additional compensation.
Reports provided for this investigation indicate that certain Modine employees may have received shift differentials, performance bonuses, and other guaranteed or nondiscretionary payments while also working overtime.
Under federal law, certain forms of compensation earned under predetermined conditions generally must be included in an employee’s regular rate when overtime is calculated.
This may include shift differentials and bonuses tied to performance, productivity, attendance, production, or other established criteria.
If Modine calculated overtime based only on an employee’s base hourly wage while excluding qualifying additional compensation, affected employees may have been underpaid.
Employees May Have Experienced:
- Receiving an evening, overnight, or other shift differential;
- Receiving performance or production bonuses;
- Receiving guaranteed or recurring incentive payments;
- Working more than 40 hours during weeks when additional compensation was earned;
- Having overtime calculated using only the base hourly wage; and
- Receiving no separate overtime adjustment associated with bonuses or differentials.
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;
- Improper calculation of the overtime premium;
- Violations of the Fair Labor Standards Act; and
- Violations of applicable state wage laws.
Signs You May Be Affected:
- You worked for Modine as an hourly employee;
- You received shift differential, performance, production, or guaranteed bonus 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 paystub does not show an overtime adjustment related to bonuses or differentials; or
- You regularly received additional compensation that did not appear to affect 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.