Understanding the Foundation: The FLSA and the Regular Rate
The Fair Labor Standards Act (FLSA) mandates that most non-exempt employees in the U.S. receive overtime pay at a rate not less than one and one-half (1.5) times their regular rate of pay for hours worked over 40 in a single workweek. A workweek is defined as a fixed period of 168 hours, or seven consecutive 24-hour periods. It's crucial to note that averaging hours over multiple weeks is not allowed under the FLSA.
The regular rate of pay is a comprehensive measure that includes all remuneration for employment, covering hourly wages, non-discretionary bonuses, commissions, and shift differentials, while excluding certain statutory exclusions. This rate must not fall below the federal minimum wage of $7.25 per hour, or a higher applicable state minimum wage. Understanding these components is essential for accurately calculating overtime pay.