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> Under the “: U. S. Department of Labor Employment Standards Administration Wage and Hour Division . Page< 09. Sec. ( 778.111 ) Pieceworker. (A) piece rates and supplements generally. When an employee is employed on a piece-rate basis, his or hers regular hourly rate of pay is computed by adding together his or hers total earning for the workweek from piece rates and all other sources (such as production bonuses) and any sums paid for waiting time or other hours worked (except statutory exclusions): this sum is then divided by the number of hours worked in the week for which such compensation was paid to yield the pieceworker’s “regular rate” for that week. For his or her overtime work the pieceworker is (entitled to be paid,) in addition to his or her total weekly earrings at this regular rate for all hours worked, a sum equivalent to one-half this regular rate of pay multiplied by the number of hours worker in excess of (40) in the week. (For an alternative manhood of complying with the overtime requirements of the Act as far as pieceworkers are concerned, see Sec --778.418 listed below “ Only addilyional half-time pay is required in such cases where the employee has already received straight-time compensation at piece rates or by supplementary payments for all hours worked. thus, if the employee has worked 50 hours and has earned $245.50 at a piece rates for 46 hours of productive work and in addition has been compensated at $5.00 an hour for 4 hours of waiting time, his total compensation, $265.50 must be divided by his total hours of work , 50, to arrive at his at his regular hourly rate of pay - $5.31. For the 10 hours of overtime the employee is entitled to additional compensation of $26.55 (10 hours at $2.655). For the week’s work he is thus entitled to a total of $292.05 (which is equivalent to 40 hours at $5.31 plus 10 overtime hours at $7.965). (B) Piece rates with minimum hourly guarantee. In some cases an employee is hired on a piece-rate basis coupled with a minimum hourly guaranty. Where the total piece-rate earning for the workweek fall short of the amount that would be earned for the total hours of work at the guaranteed rate, the employee is paid the difference. In such weeks the employee is in fact paid at an hourly rate and the minimum hourly guaranty which he was paid is his regular rate in that week. In the example just given. If the employee were guaranteed $5.50 an hour for productive working time, he would be paid $253(46x$5.50) for the 46 hours of productive work (instead of the $245.50 earned at piece rates). In a week in which no waiting time was involved, he would be owed an additional $2.75 (half time) for each of the 6 overtime hours worked, to bring his total compensation up to $269.50 {46 hours at $ 5.50 plus 6 hours at $2.75 or 40 hours at $5.50 plus 6 hours at $8.25}. If he is paid at a different rate is the weighted average of the 2 hourly rates, as discussed in Sec.778.115 shown below. Sec 778.418 Pieceworkers. (A) Under section 7(g)(1), an employee who is paid on the basis of a piece rat for the work performed during non-overtime hours may agree with his employer in advance of the performance of the work that he shall be paid at a rate not less than one and one-half times this piece rate for each piece produced during the overtime hours. No additional overtime pay will be due under the Act provided that the general conditions discussed in 778.417 are me and: (1) The piece rate is a bona fide rate; (2) The overtime hours for which the overtime hours under section 7(e) (5), (6), or (7); (3) The number of overtime hours for which such overtime piece rate is paid equals or exceeds the number of hours worked in excess of the applicable maximum hours standard for the particular workweek; and (4) The compensation paid for the overtime hours is at least equal to pay at one and one-half times the applicable minimum rate for the total number of hours worked in excess of the applicable maximum hours standard. (B) The piece rate will be regarded as bona fide if it is the rate actually paid for work performed during the non-overtime hours and if it is sufficient to yield at least the minimum wage per hour. (C) If a pieceworker works at two or more kinds of work for which different straight time piece rates have been established, and if by agreement he is paid at a rate not less than one and one-half whichever straight time piece formed during the overtime hours, such piece rate or rates must meet all the tests set forth in this section and general tests set forth in 778.417 in order to satisfy the overtime requirements of the Act under section 7(g) (2). 778.115 Employees working at two or more rates. Where an employee in a single workweek works at two or more different types of which different non-overtime rates of pay (of not less than the applicable minimum wage) have been established, his regular rate for that week is the weighted average of such rates. That is, his total earnings (except statutory exclusions) are computed to include his compensation during the workweek from all such rates, and are then divided by the total number of hours worked at all jobs. Certain statutory exceptions permitting alternative methods of computing overtime pay in such cases are discussed in 778.400 and 778.15 778.421.
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