Acosta v. Bristol Excavating, Inc.

KAROLINE MEHALCHICK, United States Magistrate Judge

Resolution of the three pending motions for summary judgment requires the Court to determine whether an employer must include bonuses accrued by employees in *527the regular rate of pay for work the employees performed for a third-party, where the third-party set the standards for earning the bonus, and paid the bonus to the employer, who then paid the employees. In an apparent matter of first impression, the Court finds that bonuses originating from and determined exclusively by a third-party must be included in the regular rate of pay of an…