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Overtime key points
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Applies to no exempt employees covered under FLSA. Based on hours worked not compensated. No limit on how many hours a person over 16 can work. 1.5 * employee's rate on pay. Workweek is defined as 168 consecutive hours. Does not need to be a calendar week. State law varies from federal, use the one that benefits the employee
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What is included in Rate of Pay
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Regular pay
No discretionary bonuses
Shift premiums
Production bonuses
FMV of noncash comp
Retroactive pay
On call pay
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Excluded from Rate of Pay
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Discretionary bonuses
Expense reimb
Pay for unworked hrs-vacation sick pay
Commuting time
OT in excess of the FSLA standard
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What is included in Hours Worked
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Actual hours worked
Engaged to be waiting hrs
Certain on-call time
Certain sleeping time
Certain training & meeting time
Travel during work hrs between job sites, etc
Travel for overnight business trip during work hrs
Travel to a one day assignment in a different city=hrs worked less normal commute time.
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What is excluded from Hours Worked
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Paid time off-vacation, sick, holiday
Waiting to be engaged hrs
Commuting time
Business travel time outside of regular business hour
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OT in excess of FLSA standard- include in rate of pay
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Double-time, triple time, or pay of at least 1.5 times pay for working over 8 hours a day or working weekends/ holidays can be excluded from regular rate of pay and may be credited towards statutory OT payments.
If premium rate is less than 1.5 than it must be included in calculating regular te of pay.
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OT-hourly employees
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Regular rate of pay*.5*overtime hrs=overtime premium
Figure out total paid for each rate. Add no discretionary bonus. Divide by # of hrs worked. Do not include pot in the calculation. Add totals, pro and .5 *rTe calculated *hrs of OT. ANSWER QUESTION-ARE THEY LOOKING FOR RATE OF PAY, OT PAID, TOTALLED PAID?????
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OT-salaried employees FIXED workweek
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Any number of hours worked beyond the set number of hours must e paid.
Rate of pay=weekly salary divided by fixed workweek hrs.
Regular rate of pay*1.5*overtime hours=overtime pay.
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OT-salaried employees-FLUCUATING workweek
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Employee's hrs fluctuate each week but pay is meant to compensate no matter how many hrs worked- BELO plan.
Weekly salary divided by actual hrs worked =regular pay.
Regular rate of pay*5*o retire pay= overtime premium.
ONLY .5 not 1.5.
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OT-piece worker
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Piece rate*pieces= total pay for workweek.
Total pay divided by a cruel hrs=regular rate of pay
Regular rate of pay*.5*overtime hrs=overtime premium
Pay piece rate plus OT premium.
Alternate method-if employee agrees beforehand employer may calculate 1.5 times the piece rate for pieces made during OT hours.
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OT-tipped employees
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Employer has option to treat reported tips either s regular or suppl wages
If employer is taking tip credit use full minimum wage of $7.25/hr to calculate the employees regular rate of pay.
Do not include tips in excess of minimum wage in calc
If the employee makes less in tips than the tip credit taken by the employee, the employer must pay the difference to the employee so that employee earns minimum wage.
Use .5 not 1.5.
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OT-hospital employees
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1.5 times the regular rate of pay for the greater of hours worked o er 8 per day or hours worked over 80 in a 14 day work week. You must calculate the OT hours both ways.
Includes workers in hospitals, nursing homes, residential care facilities.
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OT-firefighters
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1.5 times the regular rate for hrs worked over 212 in a 28 day work period. Pro-rate the hour maximum for shorter pay periods-for ex if pay period is 20 days, then OT is paid for hrs worked over 151 hrs. 212/28*20.
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OT-law enforcement
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1.5 times the regular rate of pay for hours worked over 171 in a 28 day work week
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Belo plan
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Agreement between employer & employee to pay a constant weekly rate regardless of # of hrs worked up to the defined guaranteed hrs.
The work, not the employer must necessitate irregular hrs
Max guaranteed hrs is 60. Any hrs over 60 must be paid OT. Must have a contract. Employee's hrs must fluctuate above & below 40 hrs. Resulting rate of pay can not be less than minimum wage. Employee can not be entitled to other comp that impacts regular rate of pay.
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