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Antiwork

Lawyer says employer owes retroactive OT pay to be calculated using non-discretionary bonuses + base pay.

I work for Big Evil company in Texas, company has employees in all states. We have received a significant % of our income as non-discretionary bonuses paid monthly (ie $ per job completed) (about 40+% of my income was bonus pay). We have been approached by a law firm that is filing suit saying our overtime pay should have been calculated using the bonus pay – it was only calculated using base pay (which in my case is significantly less than my actual income). The law firm claims they will ask for double what’s owed and will take 40% of what’s awarded. What I’m unsure of; does this need to be something I/we need a lawyer for? Is 40% reasonable? Can it be something I can DIY? If the suit goes forth, wouldn’t Big Evil have to pay all employees that are owed and not just the ones signed with…


I work for Big Evil company in Texas, company has employees in all states. We have received a significant % of our income as non-discretionary bonuses paid monthly (ie $ per job completed) (about 40+% of my income was bonus pay). We have been approached by a law firm that is filing suit saying our overtime pay should have been calculated using the bonus pay – it was only calculated using base pay (which in my case is significantly less than my actual income).

The law firm claims they will ask for double what’s owed and will take 40% of what’s awarded.

What I’m unsure of; does this need to be something I/we need a lawyer for? Is 40% reasonable? Can it be something I can DIY? If the suit goes forth, wouldn’t Big Evil have to pay all employees that are owed and not just the ones signed with the firm?

Thanks for any help from a humble layman when it comes to these things 🙂

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