Are Bonuses and Commissions Included in Overtime? How the Regular Rate Affects Your Pay
Learn when commissions, bonuses, shift differentials, and incentive pay must be included in the overtime regular rate for NJ and PA employees.
Learn when commissions, bonuses, shift differentials, and incentive pay must be included in the overtime regular rate for NJ and PA employees.
Published by: Swartz Swidler LLC Last updated: 06/08/2026 Jurisdiction note: This article is for employees in New Jersey, Pennsylvania, Philadelphia, and South Jersey. Overtime rights can depend on federal law, state law, job duties, pay structure, employer coverage, and the facts of the work performed. This article is for general informational purposes only and is…
Your employer put “salaried” on your offer letter. You work 50, 55, sometimes 60 hours a week. And when you ask about overtime, you get the same answer: salaried employees don’t get overtime. That may be wrong. Being paid a salary does not automatically exempt you from overtime. Under federal law and New Jersey and…
If you’re a truck driver working 50, 60, or even 70 hours a week, you may be asking: Am I legally entitled to overtime pay? Many drivers are told they are “exempt.” Others are paid by the mile or per diem and never see time-and-a-half — no matter how many hours they work. The truth…
Overtime pay is one of the most misunderstood—and most violated—worker protections in Pennsylvania. Many employees still believe that being paid a salary automatically disqualifies them from overtime. Others assume small amounts of extra time do not matter, or that employers can simply refuse to pay overtime if it was not approved in advance. In 2026,…
I. The Legal Snapshot: A Quick Summary Neither New Jersey nor Pennsylvania law requires private employers to pay extra (“time-and-a-half”) solely for working on a holiday. However, wage violations frequently occur when employers fail to include non-discretionary holiday bonuses in the “regular rate” for overtime calculations or when they improperly exclude holiday hours worked…
Unpaid overtime is one of the most common—and often overlooked—violations of employee rights in the workplace. Many New Jersey workers clock in extra hours every week, unaware they’re entitled to time-and-a-half for the effort. Others know their rights but fear retaliation if they speak up. If this sounds familiar, you’re not alone. This legal guide…
Introduction Have you been putting in long hours at work, only to find your paycheck doesn’t reflect the extra effort? If you’re wondering whether you’re owed unpaid overtime, you’re not alone. Millions of workers across the U.S. face wage theft every year, often without realizing their rights are being violated. As a leading wage and…
Introduction: Overworked and Underpaid? You’re Not Alone You stayed late. You skipped breaks. You put in the hours, gave it your all, and expected your paycheck to reflect that effort. But when payday came around, the math didn’t add up—and you were left wondering: “Where’s my overtime pay?” Unfortunately, unpaid overtime in New Jersey is…
Unpaid overtime is a silent epidemic affecting countless workers in New Jersey. Many employees are working extra hours without compensation, unaware that they’re losing thousands of dollars annually. Beyond financial losses, unpaid overtime carries emotional and professional costs, impacting work-life balance and trust in employers. If you suspect you’re a victim of unpaid overtime, you’re…