If the employee is paid on an hourly basis, that amount is the regular rate. The regular rate may not be less than the minimum wage. If the employee is paid a salary, based on a 40hour workweek, the regular rate is determined as follows:
- Multiply the monthly salary by 12 to get the annual salary.
- Divide the annual salary by 52 to get the weekly salary.
- Divide the weekly salary by 40 to get the regular rate.
The result is the rate used to compute overtime. Payroll records must reflect overtime pay of 1 1/2 times that rate for hours over 40 in a workweek.
Get Help from an Experienced Employment Law Attorney
Have you been discriminated against by a potential or current employer -- as a job applicant or current employee? To best protect your legal rights you should discuss your situation with an employment lawyer. Meet with a local employment for employees attorney sooner rather than later to protect your rights.