Employee Bonus Protection Act
This bill excludes from an employee's regular pay rate, for purposes of calculating overtime compensation, payments made to reward an employee or group of employees for meeting or exceeding the productivity, quality, efficiency, or sales goals specified in writing in a gainsharing plan, incentive bonus plan, commission plan, or performance contingent bonus plan.
To amend the Fair Labor Standards Act of 1938 to provide that an 
   employee's ``regular rate'' for purposes of calculating overtime 
   compensation will not be affected by certain additional payments.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Employee Bonus Protection Act''.

SEC. 2. REGULAR RATE FOR OVERTIME PURPOSES.

    Section 7(e) of the Fair Labor Standards Act of 1938 is amended--
            (1) by inserting before the semicolon at the end of 
        paragraph (3) the following: ``; or (d) the payments are made 
        to reward an employee or group of employees for meeting or 
        exceeding the productivity, quality, efficiency, or sales goals 
        as specified in a gainsharing plan, incentive bonus plan, 
        commission plan, or performance contingent bonus plan''; and
            (2) by adding at the end the following:
    ``A plan described in clause (d) of paragraph (3) shall be in 
writing and made available to employees, provided that the amount of 
the payments to be made under the plan be based upon a formula that is 
stated in the plan, and be established and maintained in good faith for 
the purpose of distributing to employees additional remuneration over 
and above the wages and salaries that are not dependent upon the 
existence of such plan or payments made pursuant to such plan.''.
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Employee Bonus Protection Act
To amend the Fair Labor Standards Act of 1938 to provide that an employee's "regular rate" for purposes of calculating overtime compensation will not be affected by certain additional payments.
Employee Bonus Protection Act
Rep. Calvert, Ken