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Practice Area: Employment Law & Unpaid Wages
Are you a medical or lab tech not getting paid for all hours worked, including working through meals?
Berger Montague is investigating a class action lawsuit on behalf of medical technicians who have not been paid for breaks, overtime, and for other potential wage-and-hour violations.
Attorneys believe some employers may be failing to pay for all hours actually worked by their employees and account for bonuses, shift pay differentials, or other forms of compensation when calculating employees’ overtime pay rates, violating the Fair Labor Standards Act (“FLSA”) and state laws. As a result, workers may be being cheated out of wages, and attorneys are investigating whether lawsuits can be filed on their behalf.
What Should Be Included in Overtime Pay Calculations?
The FLSA sets the rules and regulations for overtime pay, who receives it, and how it must be paid. The FLSA and some state law state that, for the purposes of calculating overtime pay, the employer must take into account the following:
Bonuses
The FLSA states that non-discretionary bonuses paid during the pay period must be included when determining an employee’s regular rate of pay. Non-discretionary bonuses are those given to employees to encourage them to work more efficiently and to stay at their jobs.
Non-discretionary bonuses paid over a series of pay periods must also be included. For instance, assume a hospital gives its nursing assistants a $5000 bonus after being employed for six months. That amount must be taken into account if the nurse works overtime during that six-month period.
Shift Differentials
Employers must also take into account shift differentials when calculating overtime. This includes premium pay for night shifts. For instance, if an employee works two eight-hour shifts at an hourly rate of $15 and three eight-hour night shifts at $20 per hour, both forms of compensation must be taken into account when determining the employee’s overtime pay rate.
Multiple Rates of Pay
Assume a receptionist works during the week for $10 an hour, but fulfills advertising and social media services for the same company on the weekends at a pay rate of $15 per hour. Both rates of pay must be included when calculating his or her overtime rate.
Overtime Miscalculated? Here’s What You Can Do
If your regular rate on your paystub is strictly your hourly rate – and does not include bonuses or other forms of payment – you may be getting cheated out of overtime wages.
Please contact us to discuss the details of your case. You may:
Call 800-419-6044
Use the contact form on this page
Email wandhleads@bergermontague.com
Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. With more than $2.4 billion in 2025 post-trial judgments alone, the Firm is a leader in the fields of complex litigation, antitrust, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For over 55 years, Berger Montague has played leading roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago; Malvern, PA; Minneapolis; San Diego; San Francisco; Toronto, Canada; Washington, D.C., and Wilmington, DE.
We are happy to talk with you about your potential claims free of charge. If we decide to represent you in a lawsuit, we will enter into a written contingent fee agreement with you. A contingent fee agreement means we only get paid if we win, and that we will receive our fees from the amount paid by the Defendant in the case.
This investigation is about medical technicians who have been denied breaks due to understaffing and other issues. If you worked through a lunch or other break please contact us to see if you qualify for inclusion in the lawsuit.
Your information will be reviewed by our legal team. If you appear eligible, we will contact you as soon as possible to discuss next steps and answer any questions you may have.
Yes. Any information you provide will be kept secure and used only for purposes related to this investigation.
Not necessarily. Providing your information does not automatically make you a party to a lawsuit. It simply helps us determine whether you may have a claim.
