Overtime pay, and specifically overtime rates for employees who work for differing rates of pay, can be a topic of confusion for both employees and employers. This article will help to clarify when overtime is due and how to calculate weighted average overtime.
Understanding Overtime Compensation
Under the law, non-exempt employees are entitled to overtime compensation of at least one and a half times their regular rate of pay for all hours worked over 40 in a work week. A work week is a 168-hour or 7-day repeating period, for example, Sunday through Saturday.
For example, if a non-exempt employee works five 8-hour shifts and one 5-hour shift in a work week, they have a total of 45 hours worked. Of these, 40 hours would be at the regular rate of pay, and 5 hours would be at the overtime rate.
Calculating Overtime: Single Rate of Pay
In this example, let’s say the employee’s regular rate of pay is $10 per hour. Their overtime rate would be $15 per hour, as it is one and ahalf times their regular rate of pay. The employee works 45 hours in a work week:
- 40 hours * $10 = $400 (regular earnings)
- 5 hours * $15 = $75 (overtime earnings)
In total, the employee has gross earnings of $475 for the work week.
Calculating Overtime: Multiple Rates of Pay
When an employee works at different rates of pay, the calculation remains the same. Let’s say the employee’s primary position pays $10 per hour, and their secondary position pays $12 per hour. In this example, the employee worked 35 hours at the $10 rate and 10 hours at the $12 rate:
- 35 hours * $10 = $350 (regular earnings at $10 rate)
- 10 hours * $12 = $120 (regular earnings at $12 rate)
The total regular earnings are $350 + $120 = $470. To determine the regular rate of pay, we divide the regular earnings by the total hours worked: $470 divided by 45 hours = $10.44 per hour.
This regular rate of pay is used to calculate weighted average overtime compensation. To determine the value of overtime, we divide the regular rate of pay by half: $10.44 divided by 2 = $5.22. Multiplying $5.22 by the 5 hours worked over 40 gives us $26.10 as the overtime earnings.
Adding the regular earnings ($470) to the overtime earnings ($26.10) gives us a total weekly earnings of $496.10.
Determining Regular and Overtime Rates for Different Payment Methods
Employers may choose to pay overtime based on the highest rate of pay, as different payment methods can add complexity. It’s essential to review how regular rates and overtime rates are determined when employees are paid by commission, piece rate, or another method.
To determine the regular rate of an employee paid on a commission, piece rate, or flatbook rate, the total weekly earnings are divided by the total hours actually worked in the work week.
Real-World Example: Commission-Based Payment
Let’s consider an employee named Ann, who earns $400 and works 45 hours in a week. We divide $400 by 45 hours, giving us a regular rate of $8.89 per hour. Ann is entitled to 1.5 times this regular rate for each hour worked over 40, in addition to her commission earnings. In our example, Ann worked 5 hours over 40:
- 5 hours * $8.89 = $44.45 (overtime earnings)
Her gross wages for this work week would be $400 + $44.45 = $444.45.
Understanding Hours Worked
It’s important to understand what truly constitutes “hours worked” when reviewing overtime requirements and weighted average overtime. Benefits such as holidays, sick leave, vacation time, or paid time off are not considered hours worked and are not included in the calculation of overtime.
For example, if an employee takes a sick day out of the five days they are scheduled to work in a week, they are only entitled to receive 8 hours of sick pay and 40 hours of regular earnings. The sick day is not counted as hours worked for overtime purposes.
Delving into the intricacies of overtime compensation and the weighted average method provides employers and employees with a comprehensive understanding of fair and accurate overtime pay calculations. By mastering these calculations, businesses can ensure compliance with labor laws and foster a transparent and equitable work environment. This guide equips individuals with the knowledge needed to navigate the complexities of overtime pay, promoting a fair compensation system in the workplace.