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The following examples show the proper overtime calculations in six common situations. Each example presumes a Sunday through Saturday workweek, with a midnight to midnight workday.
The employee worked Monday through Friday. She worked overtime on three of those days. She earns eight hours of straight-time each day. She earns overtime at time and one-half for two hours on Tuesday, one hour on Wednesday and three hours on Thursday. The overtime hours on Tuesday, Wednesday and Thursday do not count toward the weekly overtime requirement, because they were already paid at an overtime rate. Thus, her employer need not pyramid weekly overtime on top of daily overtime that has already been paid. The employee took a 30-minute meal break each day and waived the second meal break where applicable.
|
|
Sun |
Mon |
Tues |
Wed |
Thur |
Fri |
Sat |
Total |
|---|---|---|---|---|---|---|---|---|
|
Hours |
off |
8 a.m. - 4:30 p.m. |
8 a.m. - 6:30 p.m. |
8 a.m. - 5:30 p.m. |
7 a.m. - 5:30 p.m. |
8 a.m. - 4:30 p.m. |
off |
|
|
Total |
0 |
8 |
10 |
9 |
11 |
8 |
0 |
46 |
|
Wages Due |
||||||||
|
1.0x |
0 |
8 |
8 |
8 |
8 |
8 |
0 |
40 |
|
1.5x |
0 |
0 |
2 |
1 |
3 |
0 |
0 |
6 |
|
2.0x |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
The employee works six days this week. Overtime is due for all days except Sunday and Wednesday. On Tuesday, he works more than 12 hours, so he earns time and one-half for hours 9 through 12 and double-time for the hour 13. When he comes in on Friday morning, he has already completed 40 hours of straight time in the workweek. Therefore, he earns time and one-half for his first 12 hours on Friday and double-time for the 13th hour. The overtime paid for Sunday through Thursday does not count toward the weekly overtime requirement because it has already been paid at an overtime rate. Thus, his employer need not pyramid weekly overtime on top of daily overtime that has already been paid. The employee took a 30-minute meal break each day, two meal breaks of 30 minutes on Tuesday and Friday and waived the second meal break where applicable.
|
|
Sun |
Mon |
Tues |
Wed |
Thur |
Fri |
Sat |
Total |
|---|---|---|---|---|---|---|---|---|
|
Hours |
3 p.m. - 11:30 p.m. |
3 a.m. - 2:30 p.m. |
3 a.m. - 5 p.m. |
3 p.m. - 11:30 p.m. |
3 a.m. - 2:30 p.m. |
3 a.m. - 5 p.m. |
off |
|
|
Total |
8 |
11 |
13 |
8 |
11 |
13 |
0 |
64 |
|
Wages Due |
||||||||
|
1.0x |
8 |
8 |
8 |
8 |
8 |
0 |
0 |
40 |
|
1.5x |
0 |
3 |
4 |
0 |
3 |
12 |
0 |
22 |
|
2.0x |
0 |
0 |
1 |
0 |
0 |
1 |
0 |
2 |
The employee works the swing shift, usually starting work at 8 p.m. each evening and working into the morning of the next calendar day. Thus, each shift is partially in one workday and partially in another. On Sunday, even though she works a nine-hour shift, only four of those hours are on the first workday (Sunday). The hours from 12 a.m. until she goes home at 5 a.m. count toward the second workday (Monday). The hours she works when she returns to work from 8 p.m. until midnight on Monday also count toward the second workday. This entitles her to overtime at time and one-half on Monday, Tuesday and Wednesday. On Friday, even though she comes in and works a 10-hour shift, she earns no overtime on that shift, because four hours of the shift fall on the sixth workday (Friday) and six hours of the shift fall on the seventh workday (Saturday). The employee took a 30-minute meal break when required and waived her meal breaks on days when she worked six hours or less.
|
|
Sun |
Mon |
Tues |
Wed |
Thur |
Fri |
Sat |
Total |
|---|---|---|---|---|---|---|---|---|
|
Hours |
8 p.m. - 12 a.m. |
12:30 a.m. - 5:30 a.m. |
12:30 a.m. - 5:30 a.m. |
12:30 a.m. - 6:30 a.m. |
off |
8 p.m. - 12 a.m. |
12:30 a.m. - 6:30 a.m. |
|
|
Total |
4 |
9 |
9 |
10 |
0 |
4 |
6 |
42 |
|
Wages Due |
||||||||
|
1.0x |
4 |
8 |
8 |
8 |
0 |
4 |
6 |
38 |
|
1.5x |
0 |
1 |
1 |
2 |
0 |
0 |
0 |
4 |
|
2.0x |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
To avoid the confusion caused by working on two workdays each shift, the employer could change the definition of the workday and workweek for employees on the swing shift. The employer could define their workday from 7 p.m. to 6:59 p.m. and define the workweek starting at 7 p.m. on Sunday.
The employee works all seven days this week. Although the law requires one day’s rest in seven, an employee can take the day off later in the calendar month if the nature of the work reasonably requires that the employee work seven or more consecutive days. He is entitled to daily overtime from Sunday through Thursday. He earns time and one-half for hours 9 through 12 each day and double-time for hours 13 and beyond. On Friday when he comes into work, he has already completed 40 hours of straight time in the workweek. He earns time and one-half for the first 12 hours on Friday and double-time for the 13th hour. Because he works seven consecutive days in this workweek, his employer pays his first eight hours on Saturday at time and one-half and the remaining hours at double-time. The overtime he is paid for Sunday through Thursday does not count toward the weekly overtime requirement because it has already been paid at an overtime rate. His employer need not pyramid weekly overtime on top of daily overtime, which has already been paid. The employee took a 30-minute meal break each day. He took two meal breaks on Monday, Tuesday, Thursday, Friday and Saturday. He waived the second meal breaks where applicable.
|
|
Sun |
Mon |
Tues |
Wed |
Thur |
Fri |
Sat |
Total |
|---|---|---|---|---|---|---|---|---|
|
Hours |
6 a.m. - 5:30 p.m. |
6 a.m. - 10 p.m. |
6 a.m. - 11 p.m. |
6 a.m. - 4:30 p.m. |
6 a.m. - 7 p.m. |
6 a.m. - 8 p.m. |
6 a.m. - 8 p.m. |
|
|
Total |
11 |
15 |
16 |
10 |
13 |
13 |
13 |
91 |
|
Wages Due |
||||||||
|
1.0x |
8 |
8 |
8 |
8 |
8 |
0 |
0 |
40 |
|
1.5x |
3 |
4 |
4 |
2 |
4 |
12 |
8 |
37 |
|
2.0x |
0 |
3 |
4 |
0 |
1 |
1 |
5 |
14 |
The employee works all seven days in this workweek, between two and four hours each day, working a total of 20 hours. Because she worked seven consecutive days in the workweek, the seventh-day rule applies. The seventh-day rule requires time and one-half for the first eight hours on the seventh consecutive day an employee works in a workweek, even if the employee works less than 40 hours. She waived all meal breaks because she worked less than six hours each day.
|
|
Sun |
Mon |
Tues |
Wed |
Thur |
Fri |
Sat |
Total |
|---|---|---|---|---|---|---|---|---|
|
Hours |
1 p.m. - 3 p.m. |
1 p.m. - 3 p.m. |
1 p.m. - 4 p.m. |
1 p.m. - 5 p.m. |
1 p.m. - 3 p.m. |
1 p.m. - 5 p.m. |
1 p.m. - 4 p.m. |
|
|
Total |
2 |
2 |
3 |
4 |
2 |
4 |
3 |
20 |
|
Wages Due |
||||||||
|
1.0x |
2 |
2 |
3 |
4 |
2 |
4 |
0 |
17 |
|
1.5x |
0 |
0 |
0 |
0 |
0 |
0 |
3 |
3 |
|
2.0x |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
The employee works five days in this workweek. He works eight hours per day. He takes Thursday as a paid vacation day. He is paid 48 straight-time hours in this workweek. The employer applies overtime only to hours actually worked. Although he was paid for 48 hours in the workweek, he actually worked only 40 hours, so he did not earn any overtime. He took a 30-minute meal break each day that he worked.
|
|
Sun |
Mon |
Tues |
Wed |
Thur |
Fri |
Sat |
Total |
|---|---|---|---|---|---|---|---|---|
|
Hours |
off |
9 a.m. - 5:30 p.m. |
9 a.m. - 5:30 p.m. |
9 a.m. - 5:30 p.m. |
Vacation (8) |
9 a.m. - 5:30 p.m. |
9 a.m. - 5:30 p.m. |
|
|
Total |
0 |
8 |
8 |
8 |
(8) |
8 |
8 |
40 |
|
Wages Due |
||||||||
|
1.0x |
0 |
8 |
8 |
8 |
8 |
8 |
8 |
48 |
|
1.5x |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
2.0x |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |