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<blockquote data-quote="Wally" data-source="post: 5131442" data-attributes="member: 46212"><p>So the entire bonus system is laid out in the agreement? How calculations are made, etc, How about the employee's right to challenge the results? If it is not uniform across the board, one may call foul. A route that can never scratch because of faulty allowance while others easily scratch are prime examples. The criteria for bonus is where the problem may be. The difference is affirmative defenses and it is the employer’s responsibility to prove that it is fair.</p><p></p><p>Title VII, ADEA, and ADA are also useful to challenge bonus.</p><p></p><p><em>Pay/compensation discrimination occurs when employees performing substantially equal work do not receive the same pay for their work. It is job content and not job titles that determine whether or not jobs are substantially equal. Federal law looks to see that individuals performing jobs that require substantially equal skill, effort, responsibility, and under similar working conditions are compensated equally for their time. Discrimination can occur due to sex or race, which are both prohibited under federal law. All forms of pay are covered by the law, including salary, overtime pay,<strong> bonuses</strong>, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.</em></p></blockquote><p></p>
[QUOTE="Wally, post: 5131442, member: 46212"] So the entire bonus system is laid out in the agreement? How calculations are made, etc, How about the employee's right to challenge the results? If it is not uniform across the board, one may call foul. A route that can never scratch because of faulty allowance while others easily scratch are prime examples. The criteria for bonus is where the problem may be. The difference is affirmative defenses and it is the employer’s responsibility to prove that it is fair. Title VII, ADEA, and ADA are also useful to challenge bonus. [I]Pay/compensation discrimination occurs when employees performing substantially equal work do not receive the same pay for their work. It is job content and not job titles that determine whether or not jobs are substantially equal. Federal law looks to see that individuals performing jobs that require substantially equal skill, effort, responsibility, and under similar working conditions are compensated equally for their time. Discrimination can occur due to sex or race, which are both prohibited under federal law. All forms of pay are covered by the law, including salary, overtime pay,[B] bonuses[/B], stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.[/I] [/QUOTE]
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