Plaintiff Villanueva alleged that Defendant, Figure Lending LLC, did not include his non-discretionary bonus in the regular rate of pay for overtime payment calculations. Failing to include the non-discretionary bonus in the regular rate of pay for the Plaintiff and FLSA Class Members’ overtime for all hours worked in excess of forty (40) hours in a week violates 29 U.S.C. § 207(a)(1). Plaintiff further alleged that by failing to include the non-discretionary bonus in the regular rate of pay for the Plaintiff and Nevada Class Members, overtime for all hours worked in excess of eight (8) hours in a workday and/or over forty (40) hours in a week violates NRS 608.018. Additionally, Plaintiff alleged that Defendant failed to timely remit all wages due and owing to Plaintiff and Class Members under Nevada statutory law.
The Parties settled on an individual basis.
If you are an hourly paid employee who earns a non-discretionary bonus and have questions about whether your overtime pay was paid properly, contact Thierman Buck to discuss your rights
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