![]() ![]() For example, overtime pay must be paid for all hours worked in excess of eight hours in any workday and 40 hours in any workweek, and on the first eight hours worked on the seventh consecutive day of work in any workweek. Oftentimes, employers will calculate overtime by first paying the regular hourly wage for all hours worked, including overtime, and then paying an overtime premium at one-half the regular rate for all overtime hours worked.Ĭalifornia generally follows the federal rules with a few exceptions and nuances. Once calculated, employees are then generally entitled to compensation at 1.5 times all hours worked in excess of 40 hours in a workweek. This provides a fairly simple equation: all weekly earnings / all hours worked = regular Rate. ![]() However, if there are additional payments, the regular rate is calculated by dividing all earnings (excluding those payments mentioned above) by the total number of hours actually worked. If an employee earns only an hourly wage, the regular rate likely would be the hourly wage. Each of these exceptions have their own specific requirements and employers should consult with a labor and employment attorney for any questions on these exceptions. Under the FLSA, the regular rate includes all compensation, earnings, or “remuneration” for work performed, with specific payments excluded-such as reimbursed expenses, reporting-time premiums, vacation or holiday pay, or discretionary bonuses. The case implicates the federal scheme because the employer used a formula that was in compliance with the federal Fair Labor Standards Act (FLSA). The regular rate calculation at issue in the Alvarado case involves how to compute the regular rate under California law when an employee is paid a flat sum bonus during a single pay period. Generally, both statutory schemes provide for pay at a rate of 1.5 times the “regular rate” earned by the employee.Įntire articles could be ( and indeed have been) written on how to determine the regular rate itself. Background: A Primer On Calculating The “Regular Rate” For Overtimeīeginning with the most basic premise, employees who perform work in excess of defined statutory limits are entitled to overtime pay under both federal and California law. Dart Container Corporation of California). ![]() All California employers who pay such bonuses must now review their policies and pay practices to ensure compliance with this decision ( Alvarado v. This decision formally breaks from the federal manner of calculating overtime which allows for dividing total compensation by total hours worked to compute overtime pay. Specifically, the court ruled that when calculating overtime in pay periods in which an employee earns a flat rate bonus, employers must divide the total compensation earned in a pay period by only the non-overtime hours worked by an employee. Department of Labor and is a proud partner of the American Job Center Network.In a unanimous decision, the California Supreme Court today issued a ruling that will have far-reaching effects for employers who pay employees a flat rate bonus and overtime. WorkSource DeKalb is fully funded by the U. Persons with hearing impairments may call 1-80 or 711 TTY for assistance. Auxiliary aids/services are available upon request to individuals with disabilities. WorkSource DeKalb is an EEO/M/F/D/V employer/program. In 2012, Dart purchased the Solo Cup Company, which doubled its business and diversified its paper product lines.įor additional information, contact Roderick Wyatt at 40 or by email at more information on upcoming events at WorkSource DeKalb, visit or call 40. Interested jobseekers must preregister for the event at and fill out an application through Dart’s website at Jobseekers are also asked to mention that they were referred by WorkSource DeKalb on their online applications.ĭart is headquartered in Mason, Mich., and is responsible for manufacturing food-service packaging items such as cups, plates, containers, lids and straws. Dart Container will conduct onsite interviews and provide immediate job offers to credentialed candidates. Successful inspector-packer candidates will earn $12.26 per hour and shift mechanics $20 per hour. 4, Decatur, GA 30033.ĭart is filling more than 30 full-time inspector-packer positions and shift mechanics for its Lithonia facility. ![]() – WorkSource DeKalb has partnered with Dart Container Corporation for a hiring event Thursday, Jan. ![]()
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