OVERTIME
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If an employee is working at a position for 40 hrs a week and takes another part time position at a lesser rate of pay in addition to the first position, how do we figure overtime pay?
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Debbie
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Debbie
Comments
Now what to pay? You calculate the overtime based on a weighted average of the two wages that will give you a wage from which to multiply times one and a half.
Example: The employee works 40 hours at $10 per hour and the part time position 5 hours at $8 per hour. The "wage" from which you will figure overtime = [(40 X 10)+ (5 X 8)]/ 45 = $9.78
You are also allowed to enter into an agreement with your employee that the overtime will be calculated using the rate of pay for the type of work the employee is doing during the overtime hours. Make sure it's in writing and signed.
David E. Nagle
Editor, Virginia Employment Law Letter