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Overtime

November 24th, 2009 by admin Leave a reply »

Overtime is based on the regular rate of pay. Generally, the hour used to compute the regular rate of pay maybe not exceed the 8 hours per workday. 40 hours per workweek.

The following are examples of how to calculate the regular rate of pay:

  1. If you are paid on an hourly basis, that amount is the regular rate of pay.
  2. If you are paid a salary, the regular rate is determined as follows:
    1. Multiply the monthly remuneration by 12 (months) to get the annual salary.
    2. Divide the annual salary by 52 (weeks) to get the weekly salary.
    3. Divide the weekly salary by the number of legal maximum regular hours (40) to get the regular hourly rate.
  3. If you are paid by the piece or commission, either of the following methods may be used to determine the regular rate of pay for purposes of computing overtime:
    • The piece or commission rate is used as the regular rate and you are paid one and one-half this rate for production during the first four overtime hours in a workday, and double time for all hours worked beyond 12 in a workday; or
    • Divide your total earnings for the workweek, including earnings during overtime hours, by the total hours worked during the workweek, including the overtime hours. For each overtime hour worked you are entitled to an additional one-half the regular rate for hours requiring time and one-half, and to the full rate for hours requiring double time.

    A group rate for piece workers is an acceptable method for computing the regular rate of pay. In using this method, the total number of pieces produced by the group is divided by the number of people in the group, with each person being paid accordingly. The regular rate for each worker is determined by dividing the pay received by the number of hours worked. The regular rate cannot be less than the minimum wage.

  4. If you are paid two or more rates by the same employer during the workweek, the regular rate is the “weighted average” which is determined by dividing your total earnings for the workweek, including earnings during overtime hours, by the total hours worked during the workweek, including the overtime hours. For example, if you work 32 hours at $9.00 an hour and 10 hours during the same workweek at $7.00 an hour, your weighted average (and thus the regular rate for that workweek) is $8.52. This is calculated by adding your $358 straight time pay for the workweek ((32hours x $9.00/hour) + (10 hours x $7.00/hour) = $358) and dividing it by the 42 hours you worked.
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