This webinar discusses how to calculate overtime under the FLSA rules for nonexempt employees. Includes definitions of overtime and calculation examples.
Background:
Calculating overtime pay for
nonexempt employees sounds so simple. Common folk lore says you simply count
the hours the employee works beyond 40 hours a week. Then you multiply that by
1.5 times their hourly pay rate and you’re done right? Not so fast. The truth is that overtime rules and the
mathematics required to arrive at the correct calculation can be extremely
tricky. Overtime under the Fair Labor
Standards Act is based on a unique term, created in 1938, known as the regular
rate of pay. And calculating the regular rate of pay is more complex than it
appears. What’s included in the
calculation? The reasonable cost of
meals, lodging, nondiscretionary bonuses, commissions, on-call pay, shift
differentials, cash benefit payments from Section 125 Cafeteria Plans, the list
goes on… And that’s just computing the regular rate – we haven’t even touched
overtime yet! For example, when a bonus must be included in calculating the
rate what overtime does it apply to? When the bonus is paid or when the bonus
was earned? What if the bonus spans a long period of time such as a quarter or
a full year?
Then what happens if you get it
wrong? Nobody pays attention, do they?
According to the Department of Labor they collected more than $230 million in
back wages for more than 190,000 workers in FY 2021 alone. Of that amount
collected, $138 million was for back overtime.
Penalties for overtime violations
can be severe with the possibility of fines, imprisonment or both! Add civil suits to the mix and the results
can be devastating to any business no matter how large or small! And just to make it interesting, most states
use the same definition to calculate overtime as the FLSA does. So, one error
can earn you double the penalties.
In
this event we will cover:
·
What
is the definition of overtime under the FLSA-- it's not what most people think
·
What
is the Portal-to-Portal Act and how does it affect overtime
·
How to
calculate the regular rate of pay
·
Tracking
hours worked and the use of rounding practices
·
The
eight narrowly construed exceptions to inclusion of payments in the regular
rate
·
When
you must include a bonus in calculating your employee’s overtime pay
·
What
is the overtime premium and how is it calculated
·
How to
calculate overtime if a bonus covers more than one workweek
·
Using
the weighted average method to calculate overtime when and where it must be
done
·
When
and how to use the “fluctuating workweek”
·
When
can the “alternate” method of calculating overtime be used
Who will Benefit:
·
Payroll
Executives/ Managers/ Administrators/ Professionals/ Practitioners/ Entry Level
Personnel
·
Human
Resources Executives/ Managers/Administrators
·
Accounting
Personnel
·
Business
Owners/ Executive Officers/ Operations and Departmental Managers
·
Lawmakers
·
Attorneys/
Legal Professionals
·
Any
individual or entity that must deal with the complexities and requirements of
Payroll compliance issues
JIT Trainings is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP® or SHRM-SCP® recertification activities.
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