August 7th, 2008 
James Peters Over the past couple of months I have been dealing with a case against a major national bank on behalf of one of its former employees. The case involves his “discretionary” annual bonus, which most employers would say is just that-discretionary. However, the term discretionary is misleading because except in some very limited circumstances a party to a contract does not have absolute discretion.
This… Continue reading
Posted in Wages : Other 
Tags: Bonuses, California Employment Law, Cases, Employment Contracts, Wages and Hours 
1 Comment » January 17th, 2007 James Peters Employers, either through ignorance or intentionally, often make big mistakes in calculating overtime rates of pay for their employees and these often turn into big claims by the employees for unpaid wages later on.
To calculate an employee’s “overtime rate” of pay, you first have to calculate their “regular rate” of pay, which is the number multiplied by 1.5 to get an “overtime rate”… Continue reading
Posted in Wages : Overtime Tags: Bonuses, California Employment Law, Commissions, Wages : Overtime, Wages and Hours No Comments » December 31st, 2006 James Peters My employer terminated me today (December 31, 2006). I was supposed to receive a $10,000 performance bonus for 2006, but one of the terms of my bonus agreement says that I have to be employed on January 1, 2007 to get my bonus. The company is not doing very well and I think I was actually terminated so that they did not have to pay me… Continue reading
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