Work In More Than One Classification In A Week

Overtime Pay On SCA Contracts

Work In More Than One Classification In A Week

  1. When an employee in a single workweek works at two or more different types of work for which different nonovertime rates of pay have been established, his or her regular rate for that week is the weighted average of such rates. That is, the employee's total earnings (except statutory exclusions) are computed to include compensation during the workweek from all such rates, and are then divided by the total number of hours worked at all jobs. 29 C.F.R. § 778.115.
  2. An employee who performs two or more different kinds of work for which different straight time hourly rates are established may agree with the employer, in advance of the performance of the work, to be paid during overtime hours at a rate not less than one and one-half times the hourly nonovertime rate established for the type of work he or she will perform during such overtime hours. (Thus, under this arrangement, the overtime pay is calculated based on the "rate in effect" for the type of work being performed during the overtime hours.) Additional detail specifying requirements that must be met in relation to "Computing Overtime Pay on the Rate Applicable to the Type of Work Performed in Overtime Hours" are at 29 C.F.R. §§ 778.415-778.419; in particular, section 778.419 addresses "Hourly workers employed at two or more jobs."
  3. The following examples demonstrate two methods for computing the overtime premium pay under FLSA and/or CWHSSA for an employee who worked in different job classifications and at different rates of pay in the same workweek.
    1. An employee is hired to perform work on a covered service contract in two job classifications: painter and electrician. The wage determination rate for an electrician is $22.00 (basic hourly rate). The wage determination rate for a painter is $20.00 (basic hourly rate).
      Method 1: Computation of the overtime premium based on the "regular rate" for the workweek.
      Step 1: Determine the straight time wages due, excluding fringe benefits:
      1. 24 hours at the painter's rate of $20.00 =       $480.00
        20 hours at the electrician's rate of $22.00 = $440.00
        Total straight time wages =                            $920.00

      Step 2: Calculate the "regular rate":
      1. $920.00/44 hours worked = $ 20.91 regular rate
      Step 3: Compute the overtime premium due:
      1. ½ x ($20.91) x 4 overtime hours worked = $41.82
      Method 2: Computation of the overtime premium based on the "rate in effect" when the overtime hours were worked. (See section 7(g) of the FLSA.)
      1.                         S    M     T     W     T     F     S
      2. Painter hours          8      8     8
        Electrician hours                             8     8     4
      In this example the overtime hours occurred on Saturday. The overtime premium could be computed based as follows:
      1. ½ x ($22.00) x 4 hours = $44


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