Total Articles: 2
Calculating Overtime for Salaried Employees [Wage & Hour FAQ]
Q. We have a number of non-exempt employees who are nevertheless paid a salary. How do we calculate overtime for these employees?
Wage and Hour Update: Employer’s Per Diem Pay Scheme Violates Overtime Rules.
Overtime pay rules are deceptively simple. It isn’t just enough to know to pay employees time and a half of the regular rate for hours over 40 in a week (or also, in California, over 8 in a day). Take the concept of the “regular rate.” The regular rate isn’t always just the employee’s hourly rate of pay. Sometimes it can include other pay. For example, in a recent federal Fifth Circuit Court of Appeal case titled Gagnon v. United Technisource, Inc., an employer got burned in an overtime lawsuit for paying an improper “per diem” which should have been included in the employee’s regular rate.
