The “regular rate” under the Act is a rate per hour. The Act does not require employers to compensate employees on an hourly rate basis; their earnings may be determined on a piece-rate, salary, commission, or other basis, but in such case the overtime compensation due to employees must be computed on the basis of the hourly rate derived therefrom and, therefore, it is necessary to compute the regular hourly rate of such employees during each workweek, with certain statutory exceptions discussed in §§ 778.400 through 778.421. The regular hourly rate of pay of an employee is determined by dividing his total remuneration for employment (except statutory exclusions) in any workweek by the total number of hours actually worked by him in that workweek for which such compensation was paid. The following sections give some examples of the proper method of determining the regular rate of pay in particular instances: (The maximum hours standard used in these examples is 40 hours in a workweek).
Notes of Decisions
Rodriguez v. Capital Com. Solutions, LLC, 353 F. Supp. 3d 452 (E.D. Va. 2017).
· cites it 15× “" 29 C.F.R. § 778.109 . 7 Because Mr. Alarcon received no compensation for this week, his regular rate of pay would be zero.”
Bobbi-Jo Smiley v. EI DuPont de Nemours & Co, 839 F.3d 325 (3rd Cir. 2016).
· cites it 2× “The regular rate is determined by way of a calculation. It is a “rate per hour” that “is determined by dividing [the] total remuneration for employment (except statutory exclusions) in any workweek by the total number of hours actually worked by him in that workweek for which…”
Turner v. BFI Waste Servs., LLC, 268 F. Supp. 3d 831 (D.S.C. 2017).
· cites it 4× “A number of courts have ruled on the divisor issue, interpreting the Department of Labor (“DOL”) regulation on calculating overtime pay based on the “regular rate,’-’ which states that: [T]he regular hourly rate of pay of an employee is determined by dividing his total…”
Pest v. Bridal Works of New York, Inc., 268 F. Supp. 3d 413 (E.D.N.Y 2017).
· cites it 2× “” 29 C.F.R. § 778.109 ., Section 207(a)(1) of the FLSA requires an employer to pay an employee overtime pay in the amount of one and one-half times their regular rate for hours worked in excess of 40 hours.”
Scott v. Chipotle Mexican Grill, Inc., 315 F.R.D. 33 (S.D.N.Y. 2016).
“Johnson should have followed the formula for calculating the “regular hourly rate” for salaried employees pursuant to 29 C.F.R. § 778.109 , which provides “[t]he regular hourly rate of pay of an employee is determined by dividing his total remuneration for employment .”
Tymeco Jones v. SCO Silver Care Operations LLC, 857 F.3d 508 (3rd Cir. 2017).
· cites it 2× “29 Contrary to the dissent’s characterization, the plaintiffs clearly state that their “claim for overtime wages due to unlawful meal break deductions is based only on their 12 Because we find that the alleged disputed practices enumerated by Silver Care are simply factual…”
Pietrzycki v. Heights Tower Serv., Inc., 290 F. Supp. 3d 822 (E.D. Ill. 2017).
· cites it 2× “" 29 C.F.R. § 778.109 . Importantly, the FLSA defines "regular rate" to include, subject to some exclusions, " all remuneration for employment paid to, or on behalf of, the employee.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.