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The FLSA provides that employees will receive a minimum wage of $7.25 per hour and one-half times their regular wages for all hours worked beyond the first 40 hours in a work week. Sometimes this calculation can be straightforward, but sometimes it can become challenging when pay cycles are irregular, or if bonuses, commission, or corporate equity is a part of a compensation plan.
Compliance with the minimum wage and overtime provisions of the FLSA is determined by the employer’s work week. A work week is seven consecutive 24 hour periods. The work week may begin on any day and any time of the employer’s choosing. Once the workweek is chosen by the employer it must remain fixed, and the employer is not allowed to average compensation calculations over more than one work week.
To determine the actual wage rate, all employee earnings within a work week are considered. Employee earnings can be a piece-rate, salary, commission, or any other basis. Some payments, however, are not considered earnings and thus are not used in the wage rate calculations. These include sums paid as gifts, payment for time not worked, reimbursement for expenses, discretionary bonuses, profit sharing plans, retirement and insurance plans, overtime premium payments, and stock options.
The actual hourly wage is then calculated by adding up all the employee’s earnings and dividing it by the number of hours worked. This rate must exceed $7.25 per hour to comply with the FLSA’s minimum wage provisions. To calculate the overtime wage premium (the amount required in addition to the normal hourly rate) required by the FLSA, first divide the actual hourly rate by two. Then, multiply that result by the numbers of hours worked beyond the first 40. The result is the FLSA mandated overtime premium. If your employer’s overtime premium does not amount to that required by the FLSA, you may be entitled to compensation.
If you or a group of employees believe that you have not been properly paid wages, please schedule a confidential consultation to discuss the possible claim with the firm. Briggle & Polan, PLLC, we can be contacted directly at 512-472-1926 or call toll free 866-247-HELP, or by filling out the contact form.
We return client calls promptly. We work diligently, often seven days a week, to move cases forward so a fair result can be achieved as quickly as possible. If the insurance company is not willing to settle your claim fairly, we are fully prepared to take your case to trial.
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