The "regular rate of pay" is the compensation an employee normally earns for the work they perform. The regular rate of pay includes a number of different kinds of remuneration, such as hourly earnings, salary, piecework earnings, and commissions. In no case may the regular rate of pay be less than the applicable minimum wage. · Division of Labor Standards Enforcement Policies and Interpretations Manual (DLSE Manual), a proper method for calculating the “regular rate of pay” for commission workers is to “divid[e] the total earnings for the week, including earnings during overtime hours, by the total hours worked during the week, including the overtime hours. its employee’s regular rate of pay.”5. Calculating an Employee’s Overtime Pay Factoring the Appropriate Bonuses. The DLSE Manual contains provisions on how to calculate overtime on non-discretionary bonuses, distinguishing between formulaic bonuses (including .
pay for failure to provide a meal period or a break or payment received for split shifts are, in the view of the DLSE, in the nature of premiums required by law and not received for performance of a duty. Thus, these payments are not included in computing the regular rate of pay. (See DLSE Manual, and ) 2. (When there are different hourly rates of pay during a given pay period, one uses a “weighted average” of the rates to calculate the appropriate regular rate.) A final note – The Court’s opinion gives more force to the DLSE Manual than practitioners may have given it before. in other contexts, courts have rejected the DLSE’s rationale. Piece Rate Or Piece Work Commission Bonus Defined 3. WAGES PAYABLE ON TERMINATION Sale Of Business Constitutes Discharge Payment By Mail Extension of Coverage of Wage Statutes to Some Public Employees 4. PENALTY FOR FAILURE TO PAY WAGES ON TERMINATION Payment By Mail Any Wages
Non-exempt employees must be paid overtime for Regular rate of pay must be determined for non- All references in this Guide to the “DLSE Manual”. Items 1 - 9 Manual summarizes the policies and interpretations which DLSE has Employer May Not Reduce Regularly Hourly Rate Of Pay As A Result Of. 06 Mar, The “regular rate” of pay is a wage-hour concept that employers must the DLSE Enforcement and Interpretations Manual, section
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