Migliaccio & Rathod LLP is investigating whether SelectQuote properly calculated overtime compensation for hourly employees who received performance-based bonuses or other incentive compensation.
Reports provided for this investigation indicate that certain SelectQuote employees may have received performance bonuses while also working overtime. The research identified prior individual overtime litigation involving SelectQuote, but did not identify that case as challenging a companywide practice involving performance bonuses and the regular rate.
Under federal law, bonuses earned under predetermined performance, production, sales, or similar criteria generally may need to be included in an employee’s regular rate when overtime is calculated.
If overtime was calculated using only the employee’s ordinary hourly wage while qualifying performance bonuses were excluded, affected employees may have been underpaid.
Employees May Have Experienced:
- Receiving performance or production-based bonuses;
- Receiving incentive compensation based on predetermined goals;
- Working more than 40 hours during weeks covered by a bonus;
- Having overtime calculated only from the normal hourly wage;
- Receiving no overtime adjustment when a performance bonus was paid; and
- Regularly earning incentive compensation without seeing it reflected in the overtime rate.
Potential Claims May Include:
- Failure to include qualifying bonuses in the regular rate;
- Underpayment of overtime compensation;
- Improper calculation of overtime premiums;
- 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 SelectQuote as an hourly employee;
- You received performance, production, sales, or other incentive bonuses;
- You worked more than 40 hours during weeks associated with those bonuses;
- Your overtime rate remained 1.5 times your ordinary base hourly wage;
- You did not receive a separate overtime adjustment after bonuses were paid; or
- Your paystubs show bonuses 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.