(a) Earnings at hourly rate exclusively. If the employee is employed solely on the basis of a single hourly rate, the hourly rate is the “regular rate.” For overtime hours of work the employee must be paid, in addition to the straight time hourly earnings, a sum determined by multiplying one-half the hourly rate by the number of hours worked in excess of 40 in the week. Thus a $12 hourly rate will bring, for an employee who works 46 hours, a total weekly wage of $588 (46 hours at $12 plus 6 at $6). In other words, the employee is entitled to be paid an amount equal to $12 an hour for 40 hours and $18 an hour for the 6 hours of overtime, or a total of $588.
(b) Hourly rate and bonus. If the employee receives, in addition to the earnings computed at the $12 hourly rate, a production bonus of $46 for the week, the regular hourly rate of pay is $13 an hour (46 hours at $12 yields $552; the addition of the $46 bonus makes a total of $598; this total divided by 46 hours yields a regular rate of $13). The employee is then entitled to be paid a total wage of $637 for 46 hours (46 hours at $13 plus 6 hours at $6.50, or 40 hours at $13 plus 6 hours at $19.50).
[76 FR 18857, Apr. 5, 2011]
Notes of Decisions
John Zimmerli v. The City of Kansas City, MO, 996 F.3d 857 (8th Cir. 2021).
· cites it 2× “113 to an employee who was paid on an hourly basis); see also 29 C.F.R. § 778.110 (setting standards for determining the regular rate of an employee “employed solely on the basis of a single hourly rate”).”
Jemine v. Dennis, 901 F. Supp. 2d 365 (E.D.N.Y 2012).
· cites it 2× “Plaintiffs who are compensated solely on the basis of a single hourly rate are classified as “hourly rate” employees under 29 C.F.R. § 778.110 , and determination of overtime pay is straightforward: the number of hours worked in excess of 40 hours is multiplied by half the…”
Rodriguez v. Capital Com. Solutions, LLC, 353 F. Supp. 3d 452 (E.D. Va. 2017).
· cites it 3× “Employees are due overtime compensation "regardless of whether they work on an hourly, 29 C.F.R. § 778.110 , piece-rate, 29 C.F.”
Chavez v. City of Albuquerque, 630 F.3d 1300 (10th Cir. 2011).
“We believe that 29 C.F.R. § 778.110 (b) forecloses the Employees’ interpretation.”
Huntington Mem'l Hosp. v. Superior Court, 2005 Cal. Daily Op. Serv. 6813 (Cal. Ct. App. 2005).
“) On the other hand, “[t]he [FLSA] 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…”
Delpin Aponte v. United States, 83 Fed. Cl. 80 (Fed. Cl. 2008).
· cites it 2× “29 C.F.R. § 778.110 (b) (2007) (using an example involving a base hourly rate and an unspecified production bonus).”
Morgan v. United Retail Inc., 16 Wage & Hour Cas.2d (BNA) 637 (Cal. Ct. App. 2010).
“For instance, Morgan has not alleged that she was paid on a salary, commission, or piece-rate basis.”
Turner v. BFI Waste Servs., LLC, 268 F. Supp. 3d 831 (D.S.C. 2017).
“Employees are due overtime compensation regardless of whether they work on an hourly, 29 C.F.R. § 778.110 , piecerate, 29 C.F.R.”
Carmack v. Park Cities Healthcare, LLC, 321 F. Supp. 3d 689 (N.D. Tex. 2018).
“" 29 C.F.R. § 778.110 . When an employee is compensated at two or more rates, as was Miller, the regulations provide: [w]here an employee in a single workweek works at two or more different types of work for which different nonovertime rates of pay (of not less than the…”
Goodrow v. Lane Bryant, Inc., 732 N.E.2d 289 (Mass. 2000).
“29 C.F.R. § 778.110 (2000). For employees paid on a salary basis, the “regular hourly rate of pay, on which time and a half must be paid, is computed by dividing the salary by the number of *176 hours which the salary is intended to compensate.”
Rodriguez v. City of Albuquerque, 687 F. Supp. 2d 1270 (D.N.M. 2009).
· cites it 5× “See 29 C.F.R. § 778.110 . The examples are as follows: (a) Earnings at hourly rate exclusively.”
Brooks v. Weinberger, 730 F. Supp. 1132 (D.D.C. 1989).
· cites it 3× “In contrast, 29 C.F.R. 778.110 treats the nonovertime and overtime pay together.”
— 29 C.F.R. § 778.110(b) — 1 case
Brooks v. Weinberger, 730 F. Supp. 1132 (D.D.C. 1989).
“In contrast, 29 C.F.R. 778.110 treats the nonovertime and overtime pay together.”
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