Attorneys for Seyfarth Shaw LLP discuss a Third Circuit ruling that including your temp agency workers in a bonus program does not establish an implicit agreement entitling them to overtime wages as a result.

A suggested course of action, they write, is to calculate any bonuses you might give to a temporary agency worker as a percentage of total earnings, including overtime pay. This would help the staffing provider to avoid the need to calculate and pay additional overtime, though the attorneys note this option should be carefully weighed in light of the joint employment concerns it might raise.

Read their take on the court ruling here.