elaws - FLSA Overtime Calculator Advisor (2024)

"Premium" Pay

Certain premium payments made by employers for work in excess of or outside of specified daily or weekly standard work periods or on certain special days are regarded as overtime premiums. The extra compensation provided by the premium rates may be excluded from the overtime pay calculation if it meets all of the requirements listed in the regulations. Briefly, these premium payments are:

  • Extra compensation paid at a “premium rate” for certain hours worked by an employee because such hours are hours worked in excess of eight in a day, or in excess of 40 hours in the week, or in excess of the employee’s normal working hours or regular working hours, as the case may be. Such extra compensation may be creditable toward overtime compensation. (29 CFR 778.202)
  • Extra compensation provided by a “premium rate” for work by the employee on Saturdays, Sundays, holidays, or regular days of rest, or on the sixth or seventh day of the workweek. The premium rate may not be less than one and one-half times the rate established in good faith for work performed in nonovertime hours on other days. Such extra compensation may be creditable toward overtime compensation. (29 CFR 778.203, 29 CFR 778.205)
  • Extra compensation provided by a “premium rate” under an applicable employment contract or collective bargaining agreement for work outside of the hours established in good faith by the contract or agreement as the basic, normal, or regular workday (not exceeding eight hours) or workweek (not exceeding 40 hours). The premium rate may not be less than one and one-half times the rate established in good faith by the contract or agreement for like work performed during the workday or workweek. Such extra compensation may be creditable toward overtime compensation. (29 CFR 778.204, 29 CFR 778.206)

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elaws - FLSA Overtime Calculator Advisor (2024)

FAQs

How to calculate FLSA overtime rate? ›

Under the FLSA, overtime pay is determined by multiplying the employee's “straight time rate of pay” by all overtime hours worked PLUS one-half of the employee's “hourly regular rate of pay” times all overtime hours worked. All overtime work that is ordered or approved must be compensated.

What is the best way to calculate overtime? ›

How to calculate overtime pay
  1. Find typical hourly wage before overtime. To find your overtime pay, start with your typical hourly wages. ...
  2. Multiply the hourly wage by 1.5. Most organizations pay "time and a half" which is equal to 1.5 times your typical hourly wage. ...
  3. Multiply by total overtime hours.
Jul 30, 2024

What are the compensation requirements for the FLSA overtime security advisor? ›

The employee owns a bona fide 20 percent (or more) equity interest in the business in which he or she is employed. The employee's annual compensation is at least $107,432 which includes a weekly guarantee of at least $684 paid on a salary basis.

Are tips included in FLSA overtime calculation? ›

An employer may count tips actually received by tipped employees as wages when calculating wages for purposes of FLSA minimum wage and overtime requirements. This is known as a “tip credit.” However, the employer must pay not less than $2.13 an hour in direct cash wages.

What's the difference between overtime and FLSA overtime? ›

Under FLSA, employers are required to pay overtime wages only when employees work over 40 hours in a single workweek. However, under the California Labor Code, employers must pay workers overtime wages for working more than 40 hours in a week.

What formula is used to calculate the overtime rate? ›

The Regular Rate is the hourly payment for Straight Time—non-overtime hours. Overtime Hours are hours worked past 40 per week. The easiest calculation for overtime pay involves hourly employees. The formula can be expressed as (Regular Rate * Straight Time) + ((Regular Rate *1.5) * Overtime Hours).

How to calculate ot percentage? ›

The HR manager then uses the formula to find the overtime percentage:Overtime % = (Overtime hours) / (Regular hours) x 100 = (38 overtime hours) / (160 regular hours) x 100 = 0.24 x 100 = 24%Because the staff size is smaller for this organization, the HR manager may then use this information to determine whether the ...

Which is the correct formula rate for overtime pay on a regular day? ›

These include the overtime hourly rate for different types of days where an employee renders overtime work: Ordinary working days: Plus 25% on the regular hourly rate or 125% of the hourly rate. Scheduled rest day or special day: Plus 30% on a special day or rest day hourly rate or 130% x 130% of the hourly rate.

What is the formula for calculating overtime in Excel? ›

Then, you can use the formula =IF(Hours>40,(40*Regular Pay Rate)+((Hours-40)*Overtime Pay Rate), Hours*Regular Pay Rate) to calculate the overtime pay. This formula checks if the number of hours worked is greater than 40. If it is, it calculates the overtime pay based on the overtime pay rate.

What is the FLSA ruling for overtime work under a piece rate system? ›

Under the FLSA, the regular rate of pay for an employee paid on a piecework basis is obtained by dividing their total weekly earnings by the total number of hours worked in that week. The employee is entitled to an additional 0.5 times this regular rate for each hour over 40, plus the full piecework earnings.

What is the overtime provision of the FLSA requires most employers pay? ›

Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek.

What is FLSA highly compensated employee? ›

Under the Regulations, Part 541, a highly compensated employee is one who: Receives at least $684 per week paid on a salary or fee basis, and. Receives at least $107,432 in total annual compensation.

How to calculate OT hours? ›

This formula is quite straightforward: it multiplies the number of overtime hours worked by the overtime pay rate. For instance, if an employee's regular hourly rate is ₹500 and the overtime rate is 1.5 times the regular rate, the overtime pay per hour would be ₹750 (₹500 x 1.5).

What are the elements of FLSA overtime claim? ›

FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay.

What perks must employers include in overtime pay calculations? ›

What Perks Must Employers Include in Overtime Pay Calculations?
  • Anniversary bonuses.
  • Public transportation subsidies.
  • Discounts on gift cards.
  • Discounts with vendor partners.
  • Tuition reimbursem*nt.
  • Employer-provided or discounted meals.
  • Noncash awards (such as coffee cups and T-shirts).
  • Raffles.

What is the overtime rate set by the FLSA? ›

The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.

How do you calculate overtime run rate? ›

Following FLSA rules, multiply the regular rate of pay by 1.5 and multiply the result by the total number of overtime hours worked.

How do you calculate overtime piece rate workers? ›

Overtime pay for piece rate employees is still time and a half. You can calculate overtime pay in two ways: Multiply the units produced by the flat rate. Divide this number by the total number of hours worked to get the employee's base rate.

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