Bonuses, Per Diems, and Incentive Pay

Texas Bonus and Incentive Dispute Attorney

Nationwide Assistance with Unpaid Bonuses, Incentives, and Per Diems

Many employers use bonuses to incentivize workers and motivate workplace efficiency. Salespersons in certain industries will receive incentives tied to individual, group, or organizational performance. Per diems reimburse employees who must pay out-of-pocket for business travel expenses.

Bonuses, incentives, and per diems are all forms of compensation and are thus subject to the applicable state and federal regulations. Your employer may be breaking the law if they are refusing to pay a contractually promised and earned bonus, incentive, or per diem. 

At Fair Labor Law, we are dedicated to serving the legal needs of workers throughout the United States. Our bonus and incentive dispute lawyer has over 15 years of legal experience and can assist you if your employer has committed a wage violation and failed to appropriately compensate you. We can provide you with the meticulous guidance to prevail in your claim and will work to secure the bonuses, incentives, and/or per diems you are owed. Depending on the circumstances, you may also be entitled to additional compensation, and we will always seek to recover the maximum damages available under the law. 

Our labor law attorney can help you recover unpaid compensation. Schedule a Free Case Review by contacting us online or calling (888) 333-7147.

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How to Claim Unpaid Bonuses/Commissions in Texas? 

Texas employers are obligated to properly pay commissions or bonuses that have been earned by their employees. If an employee has not received the proper payment for their bonuses or commissions, they can take legal action. 

  • Step 1: Document the agreement with your employer. This should include the amount of bonus or commission that was promised and under what conditions the bonus or commission was due. This will help to ensure that your employer is held liable for the unpaid amount.
  • Step 2: Contact the Texas Workforce Commission. The TWC can help resolve wage disputes and may be able to assist in recovering any unpaid bonuses and commissions.
  • Step 3: You may also choose to file a wage claim with the Texas Workforce Commission. This will require you to provide evidence of your agreement and payment information, as well as any other relevant documents. The TWC can then investigate your claim and work on behalf of you to recover any unpaid bonuses or commissions.

It is important to note that Texas law requires employers to pay bonuses and commissions within thirty days of their due date. If your employer has not paid you the full amount by this time, they may be subject to fines and penalties.

If an employer continues to refuse payment or fails to respond to requests for payment, employees may choose to pursue litigation in order to recover the unpaid.

If you are having difficulty receiving payment for your earned bonuses or commissions, it is important to contact a knowledgeable attorney who can assist in recovering any overdue payments. An experienced employment lawyer can guide you through the process and ensure that you receive the proper compensation for your hard work.

When Am I Entitled to Per Diems?

Many employees will be required to travel for work. Some employers will provide employees with a company credit card that they can use to pay for necessary services. When a company credit card is not available, an employee acting on behalf of a business will need to pay out-of-pocket and be reimbursed by their employer. These reimbursements are called “per diems.”

The federal government has set standard rates for several categories of per diems. An employee traveling on business has the legal right to request reimbursement up to these rates without providing individual receipts. Some states and municipalities have set their own per diem rates, and federal law mandates that employers honor the highest applicable rate. 

As of January 2020, the federal per diem rates are as follows:

  • $96 per day for lodging
  • $55 per day for meals
  • $5 per day for incidentals

Federal per diem rates are set lower on the first and last days of travel to compensate for the likelihood that an employee will not be traveling the entire day. On these days, employees are generally entitled to 75% of the applicable per diem rate.

Note that employers and employees are not necessarily limited to the federal government’s or a local municipality’s per diem rates. An employer can negotiate a higher per diem rate with their employee in advance of the business trip. In these instances, an employee is entitled to the higher negotiated per diem amount promised by the employer if they meet conditions established in advance by the employer (such as providing individual receipts for expenses).

If you travel for business and incur out-of-pocket expenses, your boss must reimburse you at the applicable per diem rate. You do not have to prove that you used all available funds, and you are entitled to the full rate. Per diem reimbursements are not taxed and should not involve deductions of any kind. Ideally, your employer will pay you per diem reimbursements in advance. They also have the right to provide you with reimbursements soon after your trip has concluded. 

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Am I a Per Diem Employee?

Employers have the right to hire and utilize “per diem employees.” These types of employees are “on-call” and are summoned to do a day of work at a flat rate negotiated with their employer. Nurses and substitute teachers are common types of per diem employees. 

While employers generally do not need to offer benefits or incentives to per diem employees, they do have to follow applicable minimum wage and overtime laws. Though a day rate is typically contractually agreed upon in advance of potential work, pay must be adjusted if a per diem employee works so many hours in a day that their rate falls below the minimum wage. Per diem employees must also track hours and are entitled to overtime compensation if they work a sufficient number of hours.

Employers will sometimes misclassify part-time employees as per diem employees. If you are considered a per diem employee but are regularly working week-to-week, you may have been misclassified and should get in touch with our firm.

Our bonus and incentive dispute lawyer can help you navigate per diem misclassification issues. Our legal team at Fair Labor Law can also assist with claims involving unpaid per diem reimbursements. We are familiar with many types of compensation structures and provide you with the seasoned guidance and representation you need to recover what you are owed.

Contact us online or call (888) 333-7147 to discuss your case with us. We serve clients nationwide and provide our services in English and Spanish.

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