The rule states that if there is an agreement (written or verbal) between the employer and employee, instead of calculating overtime based on a 40-hour work week, these employees will earn overtime for hours worked in excess of eight in any workday and in excess of 80 in any regularly recurring two-week period.
Is overtime calculated after 40 hours or 80 hours?
A. No, you are not entitled to any overtime pay. Overtime is calculated based on hours actually worked, and you worked only 40 hours during the workweek. Another example of where you get paid your regular wages but the time is not counted towards overtime is if you get paid for a holiday but do not work that day.
How is FLSA rate calculated?
The regular rate is calculated by dividing the total pay for employment (except for the statutory exclusions) in any workweek by the total number of hours actually worked to determine the regular rate. “Covered” means an employee is protected by the FLSA.
What is the 8 8 8 rule in labor standards?
The normal hours of work an employee has to render must not exceed eight (8) hours a day and should be exclusive of the one (1) hour daily lunch break.
Are commissions included in regular rate of pay?
The regular rate of pay includes a number of different kinds of renumeration, such as hourly earnings, salary, piecework earning, and commissions. In no case may the regular rate of pay be less than the applicable minimum wage.”
Are day rates Legal?
A day rate pay scheme is not illegal under wage and overtime laws in California, but it does not relieve an employer from its obligation to pay properly calculated overtime to non-exempt employees.
Can you work 7 days a week in California?
California law provides that employees are entitled to one day’s rest in seven and that no employer shall “cause” an employee to work more than six days in seven. Employees who do not work more than 30 hours per week, or who do not work more than six hours in “any” day of the week, are exempt from these requirements.
