Employee Bonus Protection Act

This bill amends the Fair Labor Standards Act of 1938 to exclude from the regular rate at which an employee is employed (and at which overtime compensation is calculated) any sums paid in recognition of services performed during a given period if the payments are made to reward an employee or group of employees for meeting or exceeding the productivity, quality, efficiency, or sales goals specified in writing in a gainsharing plan, incentive bonus plan, commission plan, or performance contingent bonus plan and made available to the employees.

The amount of the payments made under the plan (and excluded from calculation of overtime compensation) must be:

• based upon a formula stated in the plan, and
• established and maintained in good faith for the purpose of distributing to employees additional remuneration over and above the wages and salaries that are not dependent upon the existence of the plan or payments made pursuant to it.