Computing regular hours worked in VA

[harrymudd]

How do I compute my regular hours worked and how do I use the results to figure my OT rate in virginia.

Harry

[cbg]

The first 40 hours you work in any given work week are your regular hours. Any hours over 40 are to be paid at time and a half.

[Pattymd]

And the workweek is the 7-consecutive-day period defined by the employer. Ask them what the workweek is.

[harrymudd]

Well heres the rub. my work week is 35 hours. Does that make my regular hours worked 35 or is it forty regardless of what the actual hours are?

Harry

[Beth3]

OT is due after 40 hours are worked. It doesn't matter what your regular work schedule is.

[harrymudd]

Let me lay this out. For the sake of argument lets say I have a contract for 30,000 a year, I divide that by 52 for my weekly rate and then that by 35 for my hourly rate because thats what I put down on my time sheet, 35 hours a week. If my calculator is right that comes out to 16.48 per hour.
If I use the same formula only at forty hours instead of 35 it comes out to 14.42 that changes my pay rate . I realize I must work the first 5 hours past 35 at my regular rate of pay before the OT kicks in but how do I determine
my actual regular rate of pay? And is this the correct way to figure this or is everything based on forty?

Harry

[harrymudd]

Sorry if I seem dumber then a box of rocks. But I still am having a problem trying to figure out if I determine my pay rate by the actual hours I regularly work or hours that only arise if I work over time.
I can’t make the books balance!

And the silence is deafening.


Harry

[Pattymd]

Assuming the contracted salary is based on 35 scheduled hours per week, then that is the calculation that would result in the "regular rate of pay" as defined by the federal Fair Labor Standards Act. Legally, hours over 35 up to 40 need only be paid at that rate. Then overtime, at 1.5 times your "regular rate of pay".

This is all assuming, of course, that are you a nonexempt employee and therefore, entitled to overtime pay by law.

[harrymudd]

So far so good. I am not exempt, at least that much I know. But I still have some digging to do, My employer is basing my pay rate on forty hours for the sake of a lower rate of pay but according to the Fair Labor Standards Act as you pointed out this to be based on regular hours worked, of which my time sheet that is filled out as per my employers instructions shows my regular hours worked.


[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR551.511]

[Page 591]

TITLE 5--ADMINISTRATIVE PERSONNEL

CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT

PART 551_PAY ADMINISTRATION UNDER THE FAIR LABOR STANDARDS ACT
--Table of Contents

Subpart E_Overtime Pay Provisions

Sec. 551.511 Hourly regular rate of pay.

(a) An employee's ``hourly regular rate'' is computed by dividing
the total remuneration paid to an employee in the workweek by the total
number of hours of work in the workweek for which such compensation was
paid.
(b) ``Total remuneration'' includes all remuneration for employment
paid to, or on behalf of, an employee except:
(1) Payments as rewards for service the amount of which is not
measured by or dependent on hours of work, production, or efficiency
(e.g., a cash award for a suggestion made by an employee and adopted by
an agency);
(2) Reimbursements for travel expenses, or other similar expenses,
incurred by an employee in furtherance of an agency's interest, which
are not related to hours of work;
(3) Payments made in recognition of services performed during a
given period, if both the fact that payment is to be made and the amount
of the payment are determined at the sole discretion of the agency
(i.e., discretionary cash awards or bonuses);
(4) Contributions by an agency to a fund for retirement, insurance,
or similar benefits;
(5) Extra compensation provided by a premium rate paid for hours of
work performed by an employee in excess of eight in a day, or in excess
of the normal workweek applicable to the employee;
(6) Extra compensation provided by a premium rate paid for hours of
work performed by an employee on a Sunday or a holiday where such
premium rate is at least one and one-half times the employee's rate of
pay for work performed in nonovertime hours on other days; or
(7) Extra compensation provided by a premium rate paid for hours of
work performed by an employee outside his or her regular working hours,
where such premium rate is at least one and one-half times the
employee's rate of pay for work performed in nonovertime hours.

[Pattymd]

And a salaried individual's regular rate of pay is determined as we said earlier: Your annual salary quote / 52 weeks / the number of hours per week which the salary is intended to cover. That's it. Period. If they are not doing that, they are out of compliance with the FLSA and you can file a complaint with the federal DOL.