Comments on: Q&A: Overtime Calculation with Two Different Hourly Rates

By: Jennifer

Jennifer — Fri, 04 Dec 2009 23:38:19 +0000

In a collective Bragaining Agreement.
Is a union employee entitled to thr regular rate of pay? There is no stipulation in regards to regular rate of pay in the collective bargaining agreement. There is a table of hourly contract rate for the employee. The contract states that if you work 12 hours your hours are factored at .7756. (example if the contract rate is $25.00. when an employee is put on a rotating shift they will receive $19.39 for the first 8 hours, the 1.5 X 19.39 = $29.09 for the next 4 hours. Anything over 12 is paid at 1.5 X 25.00= 37.50. The contract does not mention double time or regular rate of pay. Is a union employee entitle to double time and regular rate of pay.

By: Josh English

Josh English — Thu, 22 Jan 2009 08:06:50 +0000

Sorry, I said 8 hours of ot, it was 12.08 hours of ot.

By: Josh English

Josh English — Thu, 22 Jan 2009 08:05:10 +0000

In your example, the majority of the workweek was at the higher wage. What happens if the situation is reversed? I work the majority of my hours at a rate of $5/hour. Last pay period, I worked 8 hours of overtime. It broke down like this. S-F I worked 45.88 hours of work with a regular pay of $5/hour, and 6.2 hours of work with a regular rate of $10/hour. The $10/hour was the last day of the pay week. So, this totalled 40 regular hours, 5.88 ot hours of $5/hour, and 6.2 ot hours at $10/hour. My employer used this same formula, which put my weighted ot pay at $8.59/hour. So, effectively, they paid me $1.41 LESS than my NORMAL rate of pay for my entire day of work on Saturday. What is the point of overtime if I get paid less than they normally pay me?

By: James Peters

James Peters — Sun, 03 Aug 2008 15:28:14 +0000

@Tom: A "workweek" is any defined seven-day period the employer sets and upon which basis the employee is paid (e.g. "pay periods"). The "seventh day" overtime period you are referring to is dependent upon on the "workweek" the employer uses, so unless your son is working Month-Sunday straight there is no additional premium due. However, you refer several times to "40 hours," but in California overtime must be paid BOTH for hours worked over 40 in one week AND over 8 in one day.

By: Tom

Tom — Wed, 16 Jul 2008 18:57:45 +0000

Can you detail the term "work week" when it comes to overtime hours? My son is working a job where he has one day off per week and the employer is saying he is not due overtime because the "work week" is defined as Monday through Sunday. He hasn't had a work week where he has worked more than 40 hours, but there have been several 7 day periods where he has worked more than 40 hours (i.e. Wednesday to the following Tuesday he worked 46 hours, but the employer's defined work week showed him working less when the weeks were taken as separate).

By: James Peters

James Peters — Fri, 27 Jun 2008 23:25:11 +0000

@carol: I am not sure I understand your question. As I read your question, you get paid $10 per hour for up to 40 hours and then $5.40 per hour for all hours over 40. If this is true then it is likely illegal, although there always some narrow exceptions to every rule and I would need to know more about your situation to be completely sure.

By: carol

carol — Fri, 27 Jun 2008 02:01:59 +0000

i feel i have been not getting paid overtime at the 1.5 rate over 40 hrs a week , if one earns 10.00 per hour X 40 , then time and a half X14 hrs should be 15.00 X14. right? i have been paid @ 5.40 as overtime