Labor

grass man 11

LawnSite Senior Member
Straight from the DOL website.

“..... but in all such cases the overtime pay due must be computed on the basis of the average hourly rate derived from such earnings. This is calculated by dividing the total pay for employment (except for the statutory exclusions noted above) in any workweek by the total number of hours actually worked.....”. The key here is TOTAL pay. And the exclusions are related to Reimbursement of expenses.

There is a section that does state the -average hourly rate can not be less than minimum wage - But just because it is over minimum wage does not mean it would not follow the same rule. Minimum wage in that case acts as the bottom end floor to protect the worker, but doesn’t specifically say that it’s also a unit of measure which would determine if OT itself needs to be paid, not how to compute it.
 
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