Mercado v. S&C Electric Co.

Summary

The Illinois Supreme Court held that performance bonuses are not excluded from the regular rate merely because they are not measured by or dependent on hours worked; the regulatory exclusion applies to gifts and payments qualitatively similar to gifts. The court also held that an employer cannot defeat a wage claim by paying only the underlying overtime shortfall after the statutory payment date, because statutory damages, monthly interest, fees, and costs may remain due. The court reversed both lower-court judgments and remanded for further proceedings.