subject: When Should You Be Paid Overtime? [print this page] There is simply no ceiling inside of the Fair Labor Standards Act on the amount of hrs staff members aged sixteen and older might work in any workweek.The Fair Labor Standards Act does not demand additional compensation or overtime pay for hours worked on Saturdays, Sundays, Holidays or regular days of rest if those hrs don't exceed forty during the same pay period.A workweek or pay period is defined as 7 straight 24 hours durations or 168 hrs.
The pay period or workweek is established by the employer and doesn't really need to follow a typical calendar week but may begin on any day at any hour of the day.Employers are not allowed to average hours over two or more weeks.Overtime pay earned in the particular workweek must be paid on the standard payday for the pay period when the wages were earned.Your hourly pay should not be less then the federal minimum wage, when you are paid tips your hourly wage plus tips has to be add up to or greater then federal minimum wage.Earnings might include salary and commission when figuring out the average hourly rate, to determine the overtime rate.
This is worked out by dividing the total pay for work (aside from the statutory exclusions noted above) in every workweek through the total number of hours actually worked.If you perform numerous jobs for the same company of which the hourly rate is distinct the regular rate for that week is the weighted average of these rates.Basically all wages gained divided by total hrs worked will give your regular hourly wage.In addition, section 7(g)(2) of the The Fair Labor Standards Act allows, under given circumstances, the computation of overtime pay based on one and one-half times the hourly rate in effect when the overtime work is performed.The requirements for computing overtime pay pursuant to section 7(g)(2) are prescribed in 29 CFR 778.415 through 778.421. Where non-cash payments are made to employees in the form of goods or facilities, the reasonable cost to the employer or fair value of such goods or facilities must be included in the regular rate.
