Payment that may not be counted in the rate of pay 

The following may not be included in the rate of pay:

• Bonuses that are discretionary, such as those based on non-quantifiable "performance" or "merit" and those based on the employer's profits (unless  minimum payment is guaranteed by the employer by contract, in writing, or through a consistent, reliable past practice).

• Payment of an honorarium as evidenced by a 1099 tax form rather then a W-2

• Any other one-time or Lump-sum payment that is not guaranteed and subject to objective calculation.

For further information, send your query to Aparna Davé.