On September 24, , the U. Department of Labor announced a final rule to make 1. Access a collection of interactive online tools and presentations that address overtime pay requirements. Every employer of employees subject to the Fair Labor Standards Act's minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments so as to permit employees to readily read it.
The poster is available in English as well as nine other languages. Breadcrumb WHD. Overtime Pay. Overtime is based on the regular rate of pay, which is the compensation you normally earn for the work you perform. The regular rate of pay includes a number of different kinds of remuneration, such as hourly earnings, salary, piecework earnings, and commissions.
In no case may the regular rate of pay be less than the applicable minimum wage. Ordinarily, the hours to be used in computing the regular rate of pay may not exceed the legal maximum regular hours which, in most cases, is 8 hours per workday , 40 hours per workweek.
This maximum may also be affected by the number of days one works in a workweek. It is important to determine what maximum is legal in each case.
The alternate method of scheduling and computing overtime under most Industrial Welfare Commission Wage Orders , based on an alternative workweek schedule of four hour days or three hour days does not affect the regular rate of pay, which in this case also would be computed on the basis of 40 hours per workweek.
The agreed upon regular hours must be used if they are less than the legal maximum regular hours. For example, if you work 32 to 38 hours each week, there is an agreed average workweek of 35 hours, and thirty-five hours is the figure used to determine the regular rate of pay.
However, in circumstances where the workweek is less than 40 hours, the law does not require payment of the overtime premium unless the employee works more than eight hours in a workday or more than 40 hours in a workweek. In other words, assuming you are employed under a policy that provides for a hour workweek, the law does not require the employer to pay the overtime premium until after eight hours in a workday or 40 hours in a workweek.
If you work more than 35 but fewer than 40 hours in a workweek, you will be entitled to be paid for the extra hours at your regular rate of pay unless you work over eight hours in a workday or 40 hours in a workweek. 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. Yes, California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work in a workweek, and double the employee's regular rate of pay for all hours worked in excess of 12 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
Yes, if it is a nondiscretionary bonus. A nondiscretionary bonus is included in determining the regular rate of pay for computing overtime when the bonus is compensation for hours worked, production or proficiency, or as an incentive to remain employed by the same employer.
Incentive bonuses include flat sum bonuses. To properly compute overtime on a flat sum bonus, the bonus must be divided by the maximum legal regular hours worked in the bonus-earning period, not by the total hours worked in the bonus-earning period. This calculation will produce the regular rate of pay on the flat sum bonus earnings. If you're told to work more than this and you don't want to, you should first take it up with your employer. Unless your contract guarantees you overtime, your employer can stop you working it.
But your employer must not discriminate against you, or bully you, by letting others work overtime while denying you the opportunity. Your contract of employment should say what your normal working hours and days are and this may include or exclude working on Sundays. Whether this counts as overtime working depends on your employment contract.
Unless it says differently in their contract of employment, employers will usually only pay overtime to part-time workers when they work:. It is a legal requirement that part-time workers must not be treated less favourably than full-time staff.
Your employer may need to change your conditions or patterns of work because of business or economic factors. However, your contract of employment can only be changed if both you and your employer agree to this.
Firstly, check your contract of employment for details of how overtime is worked out and what the rates of pay should be. If you don't have a written contract, you may find the article on contracts of employment helpful. Remember that your employer must, by law, give you written terms and conditions within two months of starting work.
If anything isn't clear, you should take up the problem with your employer. You might find it helpful to ask an employee representative, like a trade union official, to help you. You should also look at the papers you were given when you started work, such as the written statement of terms and an employee's handbook if one was provided. The Labour Relations Agency offers free, confidential and impartial advice on all employment rights issues. If your contract says you have compulsory overtime but it's 'non-guaranteed', your employer doesn't have to offer overtime.
But if they do, you must accept and work it. Your employer could take disciplinary action or dismiss you if you don't do the overtime you've agreed to. Find out what you can do if your employer takes disciplinary action. If there's nothing in your contract or it says something like 'a reasonable amount', you could also:.
Legally, your employer can't make you work more than 48 hours a week, including overtime. If they want you to work more than that, your employer has to ask you to opt out of the hour limit.
Find out more about the maximum weekly working time limit. You don't have to do overtime if your contract says you might be offered it. Your employer shouldn't make you take a pay cut or treat you unfairly if you decide not to do it.
For example, your employer might offer overtime if the workload suddenly increases and they don't have enough staff to meet demand due to sickness.
If you think you're being asked to do too much voluntary overtime and you want to cut back, speak to your employer informally. You might be able to find another way to manage the work. For example, if several colleagues are also doing unwanted overtime, you could suggest to your employer that they hire someone else to cover the extra hours. It might be cheaper to hire one new person than to pay extra to several employees. Your employer might be discriminating against you if they try to make you work overtime and you can't because:.
Check what you can do if you're facing discrimination at work. If you decline the overtime and you've been working in a job for less than 2 years, your employer could threaten to dismiss you.
You can check if the reason for your dismissal would be unfair or contact your nearest Citizens Advice for help. Even if your contract doesn't mention overtime, your employer might still ask you to work extra hours. You have a right to say no but if you say no without a good reason, it might damage your relationship with your boss. They might try to change the working hours in your contract.
Whether your employer can make changes will usually depend on your contract and whether you agree to the change. Find out what you can do if your employer tries to change your contract. If you're working too many hours, there are several ways you might be able to reduce them.
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