Quezare v. Byrider Finance, Inc., 941 N.E.2d 510

Quezare was a Byrider Finance collections representative (Feb 2007–Oct 2007) paid hourly plus overtime and bonuses; bonuses were based on weekly and monthly performance criteria under two pay plans; some bonuses were based on team delinquency metrics, others on individual delinquency percentages; bonuses were discretionary and Byrider reserved the right to modify/terminate the plan; many bonuses were not paid within ten business days of month-end; Quezare was terminated Oct 29, 2007 and did not receive October bonus; he filed a proposed class action alleging violations of the Wage Payment Statute and Wage Claims Act.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are team-based bonuses wages under the Wage Payment Statute?	Quezare argues team bonuses are wages.	Byrider argues they are not wages.	Team bonuses are not wages.
Are individual delinquency-based bonuses wages under the Wage Payment Statute?	Quezare asserts individual bonuses are wages.	Byrider contends they are not wages.	Individual delinquency-based bonuses are not wages.
Does discretionary, non-binding bonus planning render bonuses non-wages?	Quezare contends plan lacks fixed regularity.	Byrider emphasizes discretionary nature.	Discretionary bonuses are not wages.

Tobin v. Ruman, 819 N.E.2d 78 (Ind. Ct. App. 2004) (bonus must relate to time worked, paid regularly, not tied to employer’s profits to be wage)
Gurnik v. Lee, 587 N.E.2d 706 (Ind. Ct. App. 1992) (minimum guaranteed bonus linked to time worked can be wage)
Gress v. Fabcon, Inc., 826 N.E.2d 1 (Ind. Ct. App. 2005) (test for wages focuses on substance, not label)
Wank v. St. Francis Coll., 740 N.E.2d 908 (Ind. Ct. App. 2000) (severance pay discretionary, not wage)
Pyle v. Nat'l Wine & Spirits, 637 N.E.2d 1298 (Ind. Ct. App. 1994) (discretionary bonuses not wages)
McCausland v. Walter USA, Inc., 918 N.E.2d 420 (Ind. Ct. App. 2009) (team-based sales bonus not wage)