I filed a claim with the labor board, and contacted the person in charge of mine. I was informed that the bonuses could be considered for the overtime that I had worked. If I can not prove otherwise. My question is can this be true. And how do I prove it was for job performance, I am already trying to get all my bank records to show it was for job performance. Also quickbooks be changed after I have already left to reflect no overtime. I am confused as to what I need to prove my case. Other than paystubs and my word that the bonuses were for job performance, we had nothing in writing only a verbal. Any ideas would be great. :confused:

I think you're talking about nondiscretionary bonuses, which must be included when calculating the premium portion of overtime, and discretionary bonuses (true "gifts"), which need not be.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.209.htm

If you have pay stubs, doesn't make any difference that the payroll application has been altered, the ethics of that not withstanding.

What was the basis for the "bonus"?

The bonuses were for top office, and the others were for job performance or like so much money is collected than I get bonuses based on that. The person I spoke with said that I have to prove it was not for overtime. However the bonuses were not every month but I worked overtime almost every week. So I am not sure how this could be considered overtime. I have a few emails that state how the one bonus was figured out and I am still looking for proof with all the emails that I saved. Is that considered proof. I contacted my bank for all checks cashed or deposited they said it will be 3 dollars per check. How else can I prove my case? Thanks for the information again.:confused::confused:

Also the bonus checks were written in a different check not with my payroll check, it was always at the end or the beginning of the month, but never included in with payroll.

I do not think you have to proof anything. The employer is the one who has to proof that the bonus monies paid to you are for the worked overtime. How often the bonus was paid in relation with how often you work overtime and the relation between each other would proof with just a simple math task.

1) Determine the pay method (hourly/salary/other)
2) Determined the pay period (weekly/bi-weekly/monthly)
3) Determine how often is the bonus is paid (monthly or it corresponds with the pay period.
4) Then do the math

Regardless of the pay method the math is exact.

If the bonus is paid on a monthly basis, and your pay period is not monthly, this could be an indication the bonus is not related to the over time.

Say you are paid $10 per hr worked 50 hrs:
$10 x 40 hrs = $400
$15 x 10 over time hrs = $75
You are due $475 a week. If the bonus is $50 the bonus is not over time pay.

A salary payment method should yield similar result but not exact.

Say you are paid $400 week & worked 50 hrs:
$400 ÷ 50 = $8 per hr (regular rate)
$8 ÷ 2 = $4 (½ time over time)
$4 x 10 over time hrs = $40 over time due
You are due $440 a week. If the bonus is $50 the bonus is not over time pay.

By the way if the bonus is actually a bonus, you may be due over time at a higher rate than shown above in the 2 samples. The bonus must be added to your wages and thus your regular rate would be higher.