The wording of the Fair Labor Standards Act has provided companies the ability to hide behind the fluctuating work-week method to avoid paying time-and-a-half for overtime, while at the same time calling these "overtime eligible" employees ineligible for a bonus:
"The FLSA, with some exceptions, requires bonus pay to be included as part of an employee's regular pay in computing overtime."
Companies have their cake and eat it too. This is one reason wage growth is stagnant and income inequality continues to grow despite most large employers being flush with cash. Many employees are being compensated with just half-time instead of time + half for hours over 40 in a work week while their managers and executives pay themselves exorbitant bonuses