b'Overtime(Not Including Exemptions)Who, What, Why . . . Who does it apply to: Overtime is governed by the Fair Labor Piece Work (workers paid by the completed piece):TabulateStandards Act (FLSA). Without a long discussion about the .1the hours worked during the week (including hours over 40) percent of employers who might not be covered, the simpleand divide by the total earned from piece work.answer isvirtually everybody. That said, it does not apply to Multiple Hourly Rates (some people get paid different rates independent contractors or volunteers. for travel time): Tabulate the total earned at the combined rates during that week (including hours over 40) and divide What do I have to do: Everyone knows they are supposed to payby the hours worked.overtime at one and a half times the employees regular rate for work over 40 hours in a workweek (unless the employeeWhat is work: What counts as work seems deceptively simple.is exempt). Where it gets tricky is trying to make the calculationItincludestheminutesemployeesspendontheclock,but without a clear understanding of what the law means bywork,employers often miss time that counts:regular rate, and workweek.Fringe Time: Time employees spend working that is not part of their regular work time, including, for example, the What is a workweek: Lets start simple. A workweek is anytime it takes to log into a computer to clock in electronically.consecutive168-hourperiod(sevendaysforthoseofyou Waiting: Timespentwaitingcountsasworkunlessthe pulling out your calculator). Most businesses use the traditionalemployee is completely free to use the time for their own Monday to Sunday model, but you can define it anyway youpurposes (including leaving the workplace) and the interval want as long as you are consistent. islongenough. A30-minutebreakwhileamachineis repaired probably would be considered work, while a two-What is the regular rate: The regular rate is usually equal tohour break where the employee may leave probably would the hours worked divided by the total pay received for that week. not be considered work time.For many this calculation is relatively simple. The employeeOn-Call:Wearingapagerorhavingacellphoneawayworks 40 hours and is paid $400.Dividing $400 by 40, you getfrom work is not usually considered work as long as the a regular rate of $10, which happens to be the hourly wage ofemployee can use the time for their own purposes. Being the employee. In other instances, it is more complicated but stillstuck at your place of business or prevented from using the is dependent on the number of hours worked: time for yourself, however, does count. Salary: The regular rate is salary earned in a week divided by 40.Training: Involuntary training counts as work. CommissionPaidWeekly:Addanynon-commission Sleep: On a shift lasting less than 24 hours, sleep time earnings to the total commissions earned and divide by theusually counts as work (think fireman or ER doctor).hours worked (including hours over 40). Travel: Everyday travel to the workplace is generally notCommissions Paid Over Another period: The regular ratework, but travel during the work day counts. Also, travel for is calculated by the non-commission earnings in that weeka unique purpose counts.divided by the hours worked until the commissions are paid,Arent some employees exempt from overtime: Some employees at which time they must be calculated and added back in toare exempt, but less often than many employers think. (See the the workweek earned so that overtime can be retabulatedsection on Exemptions for Overtime.)and any difference compensated. 29'