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Regular Rate Checklists and Policy Guidance for Overtime Pay

Complying with federal wage and hour laws can be difficult, and the penalty for failing to follow the rules can be harsh. The area that causes employers the most difficulty is probably overtime pay. To figure out when an employee is eligible for an increased rate of pay because of overtime, you can't merely count hours; you also need to define what "ordinary" pay consists of and how it should be treated — often a very complicated task.

The attached file contains three documents that are designed to help you comply. Included are two checklists — one spells out which payments to an employee have to be included in computing the employee's regular rate of pay, while the second lists the payments that can be excluded. Also included is a list of do's and don'ts to consider in setting up your overtime policy that can help you save money and comply with the overtime rules.

File Description:
The file contains an eight-page document in rich text format (RTF) that is suitable for use with most word processing programs used in the Windows environment.

Download:
Overtime policy guidance

Special Features:

Included are the following:

  • An extensive alphabetical listing of more than 26 types of payments that must be included in calculating the regular rate. For example, find out which specific types of absence pay, bonuses, travel expenses, and tips you must include.
  • An extensive alphabetical listing of more than 58 types of payments that can be excluded from computing the regular rate. For example, find out which specific types of absence pay, bonuses, travel expenses, and tips you can exclude.
  • A list of nine tips for setting up your overtime policy that can help you avoid overtime compensation and still keep you in compliance with overtime rules, including the strategy of staggering an employee's workweek.

More information:
Overtime Requirements