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Q.How is overtime calculated if I work at different rates of pay in the same workweek?
A.If you are paid two or more rates by the same employer during a work week, the regular rate of pay is the "weighted average." To determine the "weighted average" you must divide your total earnings for the workweek, including overtime hours, by the total hours worked during the work week. For example. Assume you work 35 hours at $10 an hour ($350) and 10 hours during the same workweek at $12 an hour ($120). The weighted average (and thus your rate of pay for that workweek) is $10.44 ($350 + $120 divided by 45). Your overtime hourly pay rate for that week would be $15.66 ($10.44 x 1.5).
If you would like assistance with filing a California wage claim with either the California Labor Commissioner or a California Small Claims Court, call 818-849-5206 or email Melissa C. Marsh, Esq. to speak with a licensed California attorney. Mention this article and receive a 30-minute consultation for just $99.
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