The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1938-12-22
An Exploration Of
Wage-Hour Law
Making Out Overtime Rate
For Many Cases Is
Explained
NO MAXIMUM SET
Workweek Is Seven Straight
WorkddYs. Starting At
Any Time
(FrOm the FederatiOnist)
Minimum Hours

iio employer snail, except as OCner-
wise provided in this section, employ
any of his employers who is engaged
in commerce or in the production of
goods for commentator work-week
longer than A hours during the first
year from the effective date of this
section-unless such employe receives
compensation for his employment in
excess Of the hours above specified at
a rate not less than one and one-half
times the regular rate at which he is
employed"
In a strict sense, Section 7 (a) of
the Act imposes no absolute maximum
hour requirement. 1t merely requires
payment of time and one-half rate
for all work done in excess of "A hours
per week. We quote in part from a
bulletin prepared by the General
Counsel of the Wage and Hour Divis-
ion, which explains what Section Z
(a) means in practice:
"The 44-hour limitation in Section
Z (a) is limitation upon the number
of hours that may be worked in any
workweek free of time and one-half
overtime compensation. The work
week is seven consecutive workdays,
but may begin at any time of any day,
save only that no change can be made
for the purpose of evading the Act.
There is no general limitation on the
hours that may be worked in any one
workday.
"Any "a hours within the work
week may be worked. But there may
be no average over two or more weeks
since the Act clearly takes as it's
standard a single workweek. Thus,
where an employe works "a hours one
week and Sd hours the next, he will
receive time and one-half overtime
compensation for the 10 hours over
al worked the second week. Time lost
for any reason (such as holidays,
sickness, vacations) during one work
week cannot be made up the next or
any following workweek unless the
employe receives time and one-half
overtime compensation for hours in
excess of A in the succeeding week."
How to Figure Overtime Rate
The Act requires that overtime
work be paid for at a rate not less
than one and one-half times the reg
ular rate of pay at which the worker
is employed. The law clearly indi-
Gates that the overtime rate of time
and one-half is based on the en-
ploye's regular rate Of pay and not on
any minimum wage established under
the Act.
Overtime rate of wages is figured
on the basis of the regular hourly
rate the employe receives. In other
words time and one-half overtime pay
means one and one-half times the
regular hourly rate of pay.
Here is the way to figure your
overtime rate in different cases.
...O Straight Hourly Rate.-When
your regular pay is at a straight
hourly rate it is very simple to find
out what you should receive per hour
for every hour worked over "A hours
per week. Suppose your regular
hourly rate is so cents per hour. If
you work As hours you should get rs
cents per hour for the last hours of
work each week. This will amount to
$22 per week for the A hours paid at
the regular rate, and So for the 4
hours of overtime-a total of $25 per
week.
Now, suppose you are paid at set
hourly rate, but in addition receive a
weekly production bonus. Let us say
you work 48 hours per week and your
production bonus (for other than
overtime) amounts to $3.50. If your
regular hourly rate is 50 cents per
the average hourly rate to 90 cents
bringing the rate for each overtime
hour to 80 cents per hour, and the to-
tai wage to $50 per week.
(2) Piece-Work Rate.-If you are
employed on piece-Work basis, your
regular hourly rate Of pay is figured
by taking the total amount you earn
per week (including production bonus,
if any and dividing this amount by
the number of hours worked. For ex-
ample, if you earn a total of S24 for
a workweek of 48 hours, your regular
hourly rate of pay is so cents and your
overtime rate for the last 4 hours is
rs cents per hour and your total week
ly wage is S25.
(3) Weekly Wage-If you are paid
on straight weekly wage or salary,
your basic pay period is weekly and
not hourly. Suppose your customary
pay or your pay under the union
agreement is $22 for 44-hour week.
Although you are not paid by the
hour, in order to figure your overtime
rate, you must take your hourly rate
to be so cents per hour and your over
time rate at rs cents per hour for
every hour you may have to work in
excess of A hours. In any week,
then, in which you are required to
work 48 hours you will be entitled to
receive rs cents for each overtime
hour, or total weekly wage of S25.
If your weekly wage is $40 and the
workweek established by custom or
agreement is 40 hours with no specific
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