Feature · Labor Law Compliance

Bonuses that motivate crews. Wages that hold up in court.

The same bonus that drives performance can become a DOL wage claim if it's not structured right. Protiv builds FLSA §7(e) compliance into every calculation — automatically, every pay period.

Audit ready ✓ WORKER STATEMENT · APR 1–14, 2026 Regular wages $1,240.00 Performance bonus §7(e) +$280.00 OT supplement +$14.09 Total gross pay $1,534.09 ✓ FLSA §7(e) compliant OT RATE CALCULATION Regular rate basis $1,240 ÷ 40 hrs Bonus excluded per §7(e)(3)(a) $31.00/hr OT rate (1.5×) $46.50/hr Without §7(e): $1,520 ÷ 40 = $38.00/hr → $57.00 OT owed $10.50/hr avoided on every OT hour ✓ 30+ states covered ✓ 2–3 yr lookback ✓

Three layers of protection

Built to survive an audit.

Performance bonuses create compliance exposure most operators don’t know they have. Protiv structures every bonus to eliminate that risk before the first check clears.

1

Structure under FLSA §7(e)

Bonuses tied to productivity qualify for exclusion from the regular rate. Protiv applies this structure automatically so OT computes on base wages only — not total comp.

2

Deliver wage notices

Over 30 states require workers to receive documentation of how their pay is calculated. Protiv generates and serves wage notices every pay period. No manual prep.

3

Log every calculation

Every bonus computation is timestamped and stored. If DOL ever asks, the math is already documented — down to the regular rate basis and §7(e) classification for each payout.

What compliance actually covers

Every edge case, covered.

Labor law compliance isn’t one feature. It’s a layer built into ProPay’s architecture — from how bonuses are structured to what workers see to what finance can export during an audit.

Capability 1 — The legal foundation

Performance bonuses excluded from overtime — by design.

Under FLSA §7(e)(3)(a), bonuses tied to production and quality can be excluded from the regular rate used to calculate overtime. Your OT computes on base wages only — not on bonus pay.

In a spreadsheet, getting this right requires knowing the statute, writing the formula, and never making a mistake. In Protiv, it’s the default. Every ProPay bonus carries the §7(e) exclusion structure the moment it’s created.

  • §7(e)(3)(a) exclusion applied automatically
  • OT computed on regular wages only
  • Configurable regular rate basis per job type
  • Integrated with payroll exports
REGULAR RATE CALCULATION WITH PROTIV — §7(e) structure applied Regular wages for period $1,240.00 Performance bonus (§7(e) excluded) not included Regular rate  ·  OT rate (1.5×) $31.00  ·  $46.50/hr ✓ Based on $1,240 ÷ 40 hrs VS WITHOUT §7(e) STRUCTURE SPREADSHEET — bonus pulled into regular rate Regular wages + bonus included $1,520.00 Regular rate  ·  OT rate (1.5×) $38.00  ·  $57.00/hr ✗ $10.50/hr OT exposure on every overtime hour worked Goes back 2–3 years under FLSA lookback period
Capability 2 — Worker documentation

Workers see exactly how their pay is calculated.

Over 30 states require employers to provide wage notices — written documentation of how pay is computed, including bonus calculations. Most payroll software handles a basic pay stub. Protiv goes further.

Every worker receives a statement at the end of each period showing their regular wages, their performance bonus, the §7(e) classification, and their OT calculation. Delivered through the app. Multi-language, multi-state.

  • Auto-generated every pay period, zero prep
  • Includes §7(e) bonus classification and basis
  • Multi-language: English, Spanish, Portuguese
  • Employer signature and date for audit record
WAGE NOTICE April 1–14, 2026 · Jordan Martinez EARNINGS BREAKDOWN Regular wages (40 hrs @ $31.00) $1,240.00 OT supplement (4 hrs @ $15.50) $62.00 Performance bonus §7(e) +$280.00 Total gross pay $1,582.00 §7(e) notice: Your bonus is excluded from the regular rate under FLSA §7(e)(3)(a). Overtime was calculated on base wages only. Certified by: Westside Landscape Services, Inc. · April 14, 2026 Powered by Protiv · DOL Form WH-55 compatible
Capability 3 — Held and deferred bonuses

Bonuses held back. Legally. With documentation.

When bonuses are held pending a callback period, safety review, or quality inspection, the legal structure matters. In most states, a bonus that’s been “earned” can’t be clawed back without triggering wage claim exposure.

Protiv’s Held Bonus Ledger structures bonuses as conditional — unearned until the release conditions clear. Every hold, condition, and resolution is documented. If a worker disputes a held bonus, you have the record.

  • Bonuses classified as conditional until release
  • Conditions documented: callback, safety, quality
  • Timestamped hold and release records
  • Worker-visible status throughout hold period
HELD BONUS LEDGER Oak Hill Estate · ProPay #2841 HELD Bonus computed $340.00 Quality inspection passed Cleared Apr 18 No safety violations on record Cleared Apr 15 · 30-day callback window Clears May 14 Scheduled release May 14, 2026 Why this matters legally Bonus is classified as “conditional — not yet earned.” This structure is defensible in most state wage proceedings. Every hold is timestamped and auditable. Visible to worker in app ✓
Capability 4 — DOL readiness

If DOL calls, you hand them a file.

FLSA has a 2–3 year back-pay lookback period. A wage claim filed today can reach back to payments you made in 2023. Most operators can’t produce that history. Protiv keeps it for you.

Every ProPay calculation is stored with the job, the worker, the regular rate basis, the §7(e) bonus amount, the OT hours, and the final payout. One export. Clean. Complete.

  • Full calculation history, per-worker
  • 3-year lookback coverage, automatic
  • Export: CSV or PDF, per period or per worker
  • Fields map to DOL Form WH-55 requirements
Audit Export — Q1 2026 Export CSV → DATE WORKER REG. RATE §7(e) BONUS OT RATE Apr 14 J. Martinez $31.00 $280 excl. $46.50 ✓ Apr 14 R. Calderon $29.50 $220 excl. $44.25 ✓ Mar 31 T. Washington $32.00 $310 excl. $48.00 ✓ Mar 31 M. Gutierrez $28.75 $195 excl. $43.13 ✓ · · · 847 more records · · · RECORDS 851 LOOKBACK 3 yrs §7(e) APPLIED 100%

Common questions

“Aren’t performance bonuses just included in overtime?”

Not when they’re structured correctly. Here are the questions operators actually ask — answered honestly.

Aren’t bonuses included in overtime pay?
Not when they’re structured under FLSA §7(e). Bonuses tied to production and quality that meet the §7(e) exclusion criteria are excluded from the regular rate. Your OT computes on base wages only. Protiv applies this structure automatically to every ProPay bonus.
What if we get audited by the DOL?
Protiv keeps a timestamped record of every calculation — the regular rate basis, the §7(e) classification, the OT computation, and the payout. If DOL audits, you export the file. FLSA’s 2–3 year lookback is covered for every pay period you’ve run on Protiv.
We run payroll in QuickBooks or Paycom — does this still work?
Yes. Protiv generates the compliance documentation and exports payroll-ready files to your provider. The §7(e) structuring, wage notices, and audit trail all happen in Protiv. Your payroll processor receives clean, compliant numbers — not the problem to solve.
What about workers in multiple states?
Wage notice requirements vary by state — content, format, frequency, language. Protiv tracks which workers are in which states and generates notices that meet each state’s requirements. Multi-state operations get multi-state coverage automatically, without manual tracking.
Can bonus rules change mid-year?
Yes, with documentation. Rule changes are versioned and timestamped in Protiv. Every historical calculation is traceable back to the rules in effect at that time — so a mid-year change doesn’t create a retroactive compliance gap.
What if a worker disputes a bonus deduction?
Every hold, reduction, and penalty is documented in the Held Bonus Ledger with the condition, the trigger, and the timestamp. Workers see the status of any held bonus in the app. The documentation exists before the dispute — not after it. Read more about Safeguards →

15 minutes a week. Audit-ready, every period.

Compliance documentation generates automatically. Wage notices go out at period close. The audit trail writes itself. Your job is approving the bonuses — the legal structure takes care of itself.

See the dashboard →

What this means for your business

Every DOL audit starts with the same question: show me the math.

2–3 yrs
DOL back-pay lookback
One claim filed today can reach back to 2023. Most operators can’t produce that history. Protiv keeps it automatically.
30+
States with wage notice laws
Multi-state crews, multi-state rules. Protiv generates the right notice for each worker’s jurisdiction — every period.
$0
Owed when the structure is right
The penalty for a wage claim is back pay plus liquidated damages. Structure the bonus correctly and there’s nothing to owe.

“We’d been running bonuses for four years without knowing our OT was miscalculated on every single check. Protiv’s structure would have caught that on day one.”

— Owner · Multi-location landscaping operation · Southeast US

See your bonus structure through compliance eyes.

30 minutes with our team. We’ll walk through your current bonus setup, show you where §7(e) applies, and run the numbers on your last 12 months — before a DOL auditor does it first.