The Shavitz Law Group is handling unpaid overtime claims for employees who, as part of their compensation, were issued Restricted Stock Units or “RSUs” as part of their compensation, and as a result were not paid all overtime wages otherwise potentially due under federal law.

As a generally matter, the federal Fair Labor Standards Act (“FLSA”) requires that overtime-eligible employees be paid time-and-one-half pay for all hours worked over 40 per week. However, employers are legally required to include non-discretionary compensation (e.g., commissions, bonuses, etc.) in calculating your applicable overtime rate of pay. In general terms, your overtime rate of pay should increase whenever you earn a non-discretionary commission or bonus. If your overtime rate of pay does not increase to account for commissions and bonuses earned, your employer may be underpaying you wages due.

The payment of RSUs operate in much the same way. The value of the RSU should be included in calculating your overtime rate of pay. If your overtime rate does not increase to include RSUs’ value, you may be being underpaid money you may otherwise be lawfully entitled to. However, based on our investigations to date, it appears some employers may be neglecting to include RSUs’ value in calculating their employees’ overtime rates of pay.

If you received RSUs as part of your compensation, we would be interested to speak with you to learn more about how your experience.

Please complete our Contact Us Form below if you are interested in pursuing such backpay and other damages and a member of our team will contact you for a free consultation.

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