- Employment Law
- Employment Discrimination
- Overtime
- Retaliation at Work
- Common Employment Law Questions
- Discrimination Questions
- Overtime Questions
- Am I Exempt or Non-Exempt for Overtime or Minimum Wage?
- Am I Considered a Highly Compensated Employee Who Is Exempt from Overtime?
- Am I Considered an Outside Salesperson and Exempt from Overtime?
- Am I Entitled to A Lunch Break?
- Are Executive or Professional or Administrative Employees Exempt from Overtime?
- Can I be Required to Work 7 Days a Week?
- Can I be Required to Work 72 Hours a Week?
- How do I Calculate my Overtime Rate?
- Is my Computer Related Occupation Exempt From Overtime?
- Should I get Paid for Time Spent Preparing for Work?
- Should I get Paid for Travel Time?
- General Questions
- Class Action Cases
- Fraud Against the Government
- Contact Our Lawyers
Calculate your Regular Rate for Overtime Purposes
- Overtime Wages are wages of 1.5 times your regular rate. Your regular rate includes all renumeration for employment paid to or on your behalf, including:
- - hourly earning or salary,
- - piece work earnings,
- - commission,
- - non-cash compensation, like room, board and lodging that are part of your wages,
- - cost of living allowances,
- - any promised bonuses or awards, like incentives or contractual bonuses.
- But your regular rate usually does not include stock options, profit-sharing or employee benefit plans, discretionary bonuses, gifts, occasional time off, extra pay for overtime work, or reimbursable expenses incurred on behalf of your employer.
There are many variations on calculating your regular rate. The federal government has certain rules and each state may have different rules.
» Contact Deskin Law Firm About Your Overtime Compensation Question
If you believe that you are not getting overtime wages when you should use our detailed Overtime Compensation Question form to send us a detailed question about your overtime situation.