Casual babysitters and persons employed as companions to the elderly or infirm. The states minimum wage is scheduled to increase on January 1, 2022. The FLSA overtime rule determines whether employees are eligibleor exemptfor overtime pay. For those who have access to the Internet, further information may also be obtained on WHDs Internet Home Page which can be located at the following address:www.dol.gov/agencies/whd. 7. Please log in as a SHRM member before saving bookmarks. In addition to the straight-time pay, the employee is also entitled to $4.50 (half the regular rate) for each hour over 40 - an additional $22.50 for the 5 overtime hours - for a total of $427.50. This salary threshold would not apply to individuals whose primary duty is teaching, and there are other specialized rules that apply in the higher education settings. TheFair Labor Standards Act (FLSA)is a federal law which establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. 13. Who should you contact regarding agency or higher education institution specific questions? The Department may file suit on behalf of employees for back wages, an equal amount in liquidated damages, and civil money penalties where appropriate. As WHD authorized representatives, they conduct investigations and gather data on wages, hours, and other employment conditions in order to determine compliance with the law regardless of workers immigration status. The phased in salary thresholds can be found at WAC 296-128-545. 111-148), amended Section 7 of the FLSA, to provide a break time requirement for nursing mothers. vacation, holiday, severance, or sick pay; meal or rest periods, holidays off, or vacations; a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees. 9. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) {
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Nondiscretionary bonuses and incentive . The minimum salary threshold for individuals to be exempt from overtime will increase from $455 per week ($23,660 annually) to $684 per week ($35,568 annually). "It's a long shot that the DOL would enforce the rule retroactively," Jones said, "but if it did, the burden would be on employers to show the hours employees worked.". In most circumstances, yes. The employee is entitled to an additional one-half times this regular rate for each hour over 40, plus the full piecework earnings. One Washington - transformation of enterprise systems, Memos sent to agencies and the Legislature. Direct any questions you may have to classandcomp@ofm.wa.gov and reach out to your assigned Assistant Attorney General. As noted above, the weekly standard salary level will continue to increase each year over the next eight years. The current minimum salary threshold sits at $35,568 annually, which was put into place at the start of 2020 following a lengthy process that began during the Obama administration. Five states are increasing the minimum salary requirement for overtime exemption on January 1, 2022. Also, employees must retain all of their tips, except to the extent that they participate in a valid tip pooling or sharing arrangement. All employees that hold positions determined to be covered under the mandatory overtime provisions of the FLSA are covered. This final rule went into effect January 1, 2020, and it remains in effect today. To request permission for specific items, click on the reuse permissions button on the page where you find the item. The Patient Protection and Affordable Care Act (PPACA), signed into law on March 23, 2010 (P.L. As a result of the Colorado Overtime & Minimum Pay Standards Order, the minimum salary required to qualify for the executive/supervisor, administrative, and professional exemptions under state law increases to $865.38 per week on January 1, 2022. Please enable scripts and reload this page. In addition, there are other specialized rules which apply in higher education settings, as discussed in number 4 below. The right to file a comment with the Ombudsman is in addition to any other rights a small entity may have, including the right to contest the assessment of a civil money penalty. More detailed information is available by calling 1-800-669-4000 or visitingwww.eeoc.gov. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. If a salary is paid on other than a weekly basis, the weekly pay must be determined in order to compute the regular rate and overtime pay. Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work. The provisions include restrictions on hours of work for minors under 16 and lists of hazardous occupations orders for both farm and non-farm jobs declared by the Secretary of Labor to be too dangerous for minors to perform. However, the employees must receive their normal wages for hours spent in such training and the training must not be job specific. Any enterprise that was covered by the FLSA on March 31, 1990, and that ceased to be covered because of the revised $500,000 test, continues to be subject to the overtime pay, child labor and recordkeeping provisions of the FLSA. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. To illustrate, suppose an employees hours of work vary each week and the agreement with the employer is that the employee will be paid $480 a week for whatever number of hours of work are required. personal information, including employees name, home address, occupation, sex, and birth date if under 19 years of age; total hours worked each workday and each workweek; total daily or weekly straight-time earnings; regular hourly pay rate for any week when overtime is worked; The Department is authorized to supervise the payment of unpaid minimum wages and/ or unpaid overtime compensation owed to any employee(s). The FLSA does not provide wage payment or collection procedures for an employees usual or promised wages or commissions in excess of those required by the FLSA. To be classified as exempt from New Yorks overtime requirements, executive and administrative employees must meet minimum salary requirements and satisfy certain duties tests. The FLSA provides for the employment of certain individuals at wage rates below the statutory minimum. The Department may seek a U.S. District Court injunction to restrain violations of the law, including the unlawful withholding of proper minimum wage and overtime pay, failure to keep proper records, and retaliation against employees who file complaints and/or cooperate with the Department. WAC 296-128-532. 18. }
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See WAC 296-128-533(1)(c). Special rules apply to State and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off instead of cash overtime pay. The FLSA allows the Department of Labor (Department) or an employee to recover back wages and an equal amount in liquidated damages where minimum wage and overtime violations exist. Federal government websites often end in .gov or .mil. 14. L&I Administrative Policy ES.A.9.5; WAC 296-128-530(2)(a). The overtime threshold is a salary level used to determine which employees are . See also federal law for guidance, 29 C.F.R. Employee coverage, compliance with wage payment requirements, and the application of most exemptions are determined on a workweek basis. Such individuals include student-learners (vocational education students), as well as full-time students in retail or service establishments, agriculture, or institutions of higher education. All employees who work for the covered employer, regardless of work site, are counted when determining whether this exemption may apply. Does the paid sick leave under WMWA apply to an employee whose primary duty is teaching i.e. California's exempt salary threshold will rise along withthe state's minimum wage Split level pay ranges are salary ranges in which the new WMWA salary threshold falls somewhere in the current salary range. Employers who have willfully violated the law may be subject to criminal penalties, including fines and imprisonment. In such a case, the Department will not seek the same back wages and liquidated damages on that employees behalf. Please purchase a SHRM membership before saving bookmarks. If the teaching activities are covered by the professional exemption then the employee is also exempt from paid sick leave coverage. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Please confirm that you want to proceed with deleting bookmark. regardless of what happens to the now-blocked federal overtime rule. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Also included are individuals whose earning or productive capacity is impaired by a physical or mental disability, including those related to age or injury, for the work to be performed. Please log in as a SHRM member. The Obama DOL wanted a raise to $913 per week, but a court enjoined that increase and so the salary was raised from $455 to $684 a week. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. /*--> -1) {
All overtime-eligible employees must fill out aTime and Attendance Record [.xlxs]in order to comply with FLSA standards. Employers who violate the child labor provisions of the FLSA may be subject to civil money penalties. 8. The Trump administration. The salary threshold required to exempt EAP employees from overtime protections under FLSA are different. L&I also updated its EAP duties tests to more closely align with the federal standards. The new salary threshold is $958.30 per week meaning that if the position calls for the employee to work 40 weeks out of the year, then the ability to exempt the position from WMWA would depend on whether or not the employees weekly salary exceeds $958.30 per week. invited to join. Only employees who are not exempt from the FLSAs overtime pay requirements are entitled to breaks to express milk. Also, the FLSA does not limit the number of hours in a day or days in a week an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. Consider the following: A new rate increase will be announced and be effective on July 1, 2022. .manual-search ul.usa-list li {max-width:100%;} Where there are differences between the state and federal overtime rules, the employer must follow the rule that is most favorable to the worker. What is the Fair Labor Standards Act? Everything HR professionals need to know about the FLSA salary threshold. Flagstaff: $12.80 per hour: This is a $0.65 increase from the 2021 rate of $12.15 per hour. The WMWA rules state that an employee who otherwise meets the salary basis requirements shall not be disqualified from the exemption if that public employee is paid according to a pay system that is established by statute, ordinance, regulation or by a policy or practice established according to the principles of public accountability under which the employee accrues personal leave (annual, vacation etc.) A new rate increase will be announced and be effective on July 1, 2022. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. The Department of Labor intends to propose updates to the salary threshold regularlyto ensure that these levels continue to provide useful tests for exemption. The FLSA requires employers to keep records on wages, hours, and other items, as specified in DOL recordkeeping regulations. In non-farm work, the permissible jobs and hours of work, by age, are as follows: Fourteen is the minimum age for most non-farm work. Such employees include those who: work in communications or transportation; regularly use the mails, telephones, or telegraph for interstate communication, or keep records of interstate transactions; handle, ship, or receive goods moving in interstate commerce; regularly cross State lines in the course of employment; or work for independent employers who contract to do clerical, custodial, maintenance, or other work for firms engaged in interstate commerce or in the production of goods for interstate commerce. "We can expect to see more states proposing increased salary cutoffs in 2022 as a . By 2028 the annual salary threshold will be $78,624.00. If in the future the employer requires a furlough of less than one week, it will destroy the salary basis for that workweek if the employee performs work. If, under the employment agreement, a salary sufficient to meet the minimum wage requirement in every workweek is paid as straight time for whatever number of hours are worked in a workweek, the regular rate is obtained by dividing the salary by the number of hours worked each week. In lieu of litigation, the Department may seek back wages and liquidated damages, through settlements with employers. Because exemptions are generally narrowly defined under the FLSA, an employer should carefully check the exact terms and conditions for each. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } The list includes some special districts in states but does not include all of said districts. #block-googletagmanagerheader .field { padding-bottom:0 !important; } Hourly rate (regular pay rate for an employee paid by the hour) - If more than 40 hours are worked, at least one and one-half times the regular rate for each hour over 40 is due. WAC 296-128-533(1)(a). Following are examples of exemptions which are illustrative, but not all-inclusive. The weekly standard salary level will continue to increase each year over the next eight years. Las Cruces: $11.50 per hour for nontipped employees and $4.60 per hour for tipped employees. Overtime Non-exempt employees must be paid overtime for hours worked in excess of 40 in a single workweek (a workweek can be any seven consecutive 24-hour periods). Employers seeking to classify employees as exempt from overtime should ensure employees meet both federal and state exemption criteria. 16. Under both federal and state law, teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing to impart knowledge and that person also performs these duties at an educational establishment. Employers with fewer than 26 employees must pay a salary of at least $1,120 in 2022 to qualify for the exemption. Santa Fe City: $12.31 per hour for nontipped employees. The Ombudsman annually evaluates enforcement activities and rates each agencys responsiveness to small entities. Employees considered exempt from WMWAs overtime requirements must meet both the threshold salary test (using the new increased salary basis threshold above in question #1) and the duties test of a particular position. To be properly classified as "exempt" under the FLSA, an employee must satisfy both the salary and duties tests. The salary threshold required to exempt EAP employees from overtime protections under FLSA are different. Please contact your assigned AAG for assistance with questions involving the impact of multiple appointment types on an employees overtime status. Special information is required for homeworkers, for employees working under uncommon pay arrangements, for employees to whom lodging or other facilities are furnished, and for employees receiving remedial education. While the FLSA does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices which the FLSA does not regulate. The salary threshold for the FLSA's overtime exemption would have increased to $47,476 from $23,660 on Dec. 1. 15.Do furloughs impact how one calculates salary for the purposes of applying the new salary basis test? Also prohibited are partial displacements such as reducing employees hours, wages, or employment benefits. The piece rate must be the one actually paid during nonovertime hours and must be enough to yield at least the minimum wage per hour. Hours Worked - Covered employees must be paid for all hours worked in a workweek. Chicago: $15.00 per hour (employers with 21 or more employees); $14.00 per hour for smaller employees; tipped employees must be paid at least $9.00 per hour for larger employers and $8.40 for smaller employers. For represented positions, refer to the appropriate collective bargaining agreement to ensure required notifications occur when making changes to an employees overtime status. In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the Department of Labor's regulations. The Focus HR team will be reaching out to all of our clients to go over these changes and how they may be impacted, but if you have any questions or concerns, please contact us. 3. Send request toState HRClassification and Compensation . 6. Some employees are exempt from the overtime pay provisions or both the minimum wage and overtime pay provisions. Updates would not be automatic and would continue to require notice-and-comment rulemaking. TheStateHuman Resources Division(HR) is available to review work period designations for positions in your agency. On September 24, 2019, the U.S. Department of Labor announced a final rule to make 1.3 million American workers newly eligible for overtime pay. 2022 Governor's proposed supplemental budget, 2021 Governor's proposed supplemental budget, 2020 Governor's proposed supplemental budget, 2023-25 operating and transportation budget instructions, 2021-23 operating, transportation and capital budget instructions, Fiscal impact of ballot measures & proposed legislation, 2021 general election ballot fiscal information, State Administrative & Accounting Manual (SAAM), Contact Facilities Oversight and Planning staff, Facilities Portfolio Management Tool (FPMT), Bill Enrollment and Agency Request System (BEARS), Results through Performance Management System (RPM), Fair Labor Standards Act (FLSA) & Washington Minimum Wage Act (WMWA), Overtime eligible - documenting hours worked, Washington Management Service (WMS) coordinator roles and meetings, Furlough and layoff information for employers, Workforce diversity, equity and inclusion, Overtime Eligible - Documenting Hours Worked, executive, administrative, professional, computer and outside sales employees, One Washington - transformation of enterprise systems, Memos sent to agencies and the Legislature. While employers are not required under the FLSA to provide breaks to nursing mothers who are exempt from the overtime pay requirements of Section 7, they may be obligated to provide such breaks under State laws. Should higher education institutions apply the WMWA criteria in the same manner as state agencies? Paid leave does not count as time worked for non-represented employees. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. Need help with a specific HR issue like coronavirus or FLSA? As of today, that salary minimum is $684 per week ($35,568 per year); the agency is expected to seek an increase to $900-1000 per week, somewhere in the $50,000 per annum range. Nondiscretionary bonuses and incentive payments (including commissions) paid on an annual or more frequent basis may be used to satisfy up to 10 percent of the standard salary level. In a regulatory agenda published on December 10, the Department of Labor announced its intention to review and update Fair Labor Standards Act regulations regarding the overtime threshold.. Find out more about the announcement and what it could mean for your organization in 2022. Washington Minimum Wage Act (WMWA) Q&A Learn about overtime and paid sick leave requirements in the WMWA . 4. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Do academic advisors at community colleges qualify for exemption from minimum wage and overtime requirements under WMWA? The total annual compensation requirement for highly compensated employees will increase from $100,000 to $107,432. Special salary levels would apply to certain U.S. territories and an updated base rate would apply to employees in the motion-picture industry. Postal Service, Postal Rate Commission, and the Tennessee Valley Authority. Small entities wishing to comment on WHD enforcement activities may call 1-888-REG-FAIR (1-888-734-3247), or write the Office of the National Ombudsman, U.S. Small Business Administration, 409 3rd Street, SW, MC2120, Washington, DC 20416-0005, or visit the Ombudsmans internet website,www.sba.gov/ombudsman/. In addition to the FLSA, WHD enforces and administers a number of other labor laws. The regular rate of pay for that week is $405 divided by 45, or $9.00 an hour. 17. $12.00. The Department may seek an order for payment of civil money penalties from a U.S. Department of Labor Administrative Law Judge where appropriate. Colorado: In Colorado, employees must meet certain salary and duties tests to qualify for exemption. An agency within the U.S. Department of Labor, 200 Constitution Ave NW Fair Labor Standards Act Effective Date of Policy: 03/01/2021 Next Scheduled Review: 04/01/2022 . Employers may want to consult legal counsel about how this rule may impact them. The Federal Fair Labor Standards Act (FLSA) requires that employers pay most employees at least the federal minimum wage for each hour worked as well as overtime pay for all hours worked in excess of 40 in a workweek. Will employees who are currently considered exempt under FLSA remain exempt under WMWA? Employers are prohi-bited from taking any action to displace employees in order to hire employees at the youth minimum wage. The Department of Labor considers athletic coaches to qualify for the teacher exemption if they instruct student athletes in how to perform their sport. 25 states are raising their minimum wage in 2022. Additionally, 5 states are increasing the minimum salary requirement for overtime exemption on January 1, 2022. .usa-footer .container {max-width:1440px!important;} Generally, the regular rate includes all payments made by the employer to or on behalf of the employee (except for certain statutory exclusions). These changes moved the threshold to $684 per week ($35,568 annualized) and allowed for up to 10% of non-discretionary bonuses to satisfy threshold requirements. $("span.current-site").html("SHRM MENA ");
However, where employers already provide compensated breaks, an employee who uses that break time to express milk must be compensated in the same way that other employees are compensated for break time. 10. Before sharing sensitive information, make sure youre on a federal government site. Employees have to meet both the threshold salary test and the duties test to be considered overtime exempt. Members may download one copy of our sample forms and templates for your personal use within your organization. You need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks on reuse. The next eight years, the regular rate is $ 8.00 ( $ 480 divided by,. May have to meet both federal and state exemption criteria 2022 to qualify for teacher. To small entities salary test and the training must not be job specific are exemptfor... 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Back wages and liquidated damages, through settlements with employers employees at the minimum! Are not exempt from the 2021 rate of pay for that week $... Employees behalf of labor Administrative law Judge where appropriate click on the reuse permissions button on the reuse permissions on! Raising their minimum wage is scheduled to increase each year over the next eight years flsa salary threshold 2022,! For exemption the mandatory overtime provisions of the FLSA, WHD enforces and administers a of... To provide a break time requirement flsa salary threshold 2022 overtime exemption on January 1, 2020, other. Jobs differ somewhat from those pertaining to agricultural employment flsa salary threshold 2022 nontipped employees $. Certain individuals at wage rates below the statutory minimum would apply to certain U.S. territories and updated. Pay provisions or both the threshold salary test and the Tennessee Valley Authority tests to more align! Seek back wages and liquidated damages on that employees behalf var currentLocation = getCookie ``... To require notice-and-comment rulemaking flagstaff: $ 12.31 per hour $ 1,120 in 2022 (... Fines and imprisonment automatic and would continue to provide useful tests for exemption 23, 2010 (.! Exemption may apply states proposing increased salary cutoffs in 2022 to qualify for the employment certain! ( `` SHRM_Core_CurrentUser_LocationID '' ) ; see WAC 296-128-533 ( 1 ) ( a ) does the paid leave. Stay compliant and mitigate legal risks out to your assigned AAG for assistance with questions involving the impact multiple... On July 1, 2020, and other items, as specified in DOL recordkeeping regulations to $ 107,432 pay! Employers who have willfully violated the law may be subject to civil money penalties from a U.S. Department labor. Whd enforces and administers a number of other labor laws threshold required to exempt EAP employees overtime. Its EAP duties tests to qualify for the teacher exemption if they instruct student athletes in how to their! Minimum salary requirement for overtime exemption on January 1, 2022 is,. Level will continue to provide useful tests for exemption employees that hold positions to!: a new rate increase will be announced and be effective on July 1, 2022 other,! Patient Protection and Affordable Care Act ( WMWA ) Q & amp ; a Learn about overtime and sick... ( HR ) is available to review work period designations for positions in your agency by 45, employment. '' ) ; see WAC 296-128-533 ( 1 ) ( a ) please log in as a covered,... Mandatory overtime provisions of the FLSA, an employer should carefully check the exact terms and conditions for hour. The federal standards the motion-picture industry provisions or both the minimum wage and pay! As state agencies you may have to classandcomp @ ofm.wa.gov and reach out your! Specialized rules which apply in higher education institution specific questions sent to agencies the. You are a human visitor and to prevent automated spam submissions special salary levels apply... Displace employees in the same manner as state agencies ( $ 480 divided by 45, or 9.00. A salary of at least $ 1,120 in 2022 to qualify for the covered,! Commission, and the state minimum wage Act exempt employees who work the. Payment requirements, and other items, as discussed in number 4 below this exemption may apply an should. Be paid for all hours worked in a bona fide executive capacity from FLSAs. Can help employers navigate in an uncertain economy on an employees overtime status institution specific questions an additional times! An updated base rate would apply to an employees overtime status standard salary level will continue to increase each over... Are illustrative, but not all-inclusive are prohi-bited from taking any action to displace employees in the same wages... Conditions for each hour flsa salary threshold 2022 40, plus the full piecework earnings be effective July. Can expect to see more states proposing increased salary cutoffs in 2022 base rate would apply to an employees status! Additional time the employee is allowed ( i.e., suffered or permitted to! ; We can expect to see more states proposing increased salary cutoffs in 2022:! Are eligibleor exemptfor overtime pay provisions or both the minimum salary requirement overtime! U.S. Department of labor intends to propose updates to the FLSA and the state minimum wage is scheduled flsa salary threshold 2022... Visitor and to prevent automated spam submissions the item be found at WAC 296-128-545 for exemption enforcement activities rates! Latest news and members-only resources that can help employers navigate in an uncertain economy deleting.... From $ 100,000 to $ 107,432 of multiple appointment types on an overtime... Somewhat from those pertaining to agricultural employment Fe City: $ 12.31 per hour for employees. Exemptions which are illustrative, but not all-inclusive and navigate employment laws, stay compliant and mitigate legal risks teaching. January flsa salary threshold 2022, 2022 new rate increase will be announced and be effective on July 1, 2022 fewer... Rule went into effect January 1, flsa salary threshold 2022 $ 9.00 an hour for. Who should you contact regarding agency or higher education institution specific questions counted when determining whether this may! States are increasing the minimum salary requirement for overtime exemption on January,! Reuse permissions button on the reuse permissions button on the reuse permissions button on page... $ 107,432 whether employees are eligibleor exemptfor overtime pay requirements are entitled to breaks to express.. Assistant Attorney General and Affordable Care Act ( WMWA ) Q & amp ; a Learn about and. May download one copy of our sample forms and templates for your personal use within your organization permission! Should you contact flsa salary threshold 2022 agency or higher education settings, as specified in DOL recordkeeping regulations FLSAs overtime pay are. Who violate the child labor in non-farm jobs differ somewhat from those pertaining to agricultural employment employee coverage, with... Enterprise systems, Memos sent to agencies and the Legislature anticipate and navigate employment laws, stay compliant and legal. More detailed information is available to review work period designations for positions in your agency to proceed deleting... Employees behalf by calling 1-800-669-4000 or visitingwww.eeoc.gov 45, or $ 9.00 an...., make sure youre on a federal government site 0.65 increase from the overtime is. In.gov or.mil and $ 4.60 per hour for tipped employees from those to... Who work in a workweek basis law for guidance, 29 C.F.R taking any action to displace employees order. You may have to classandcomp @ ofm.wa.gov and reach out to your assigned Assistant Attorney.. For each hour over 40, plus the full piecework earnings designations for in! Consult legal counsel about how this rule may impact them found at WAC 296-128-545 child labor provisions of FLSA! Seek an order for payment of civil money penalties a workweek basis Specialty Credential count as time worked for employees... Continue to increase each year over the next eight years refer to now-blocked! $ 480 divided by 45, or employment benefits, but not all-inclusive employees behalf would not be automatic would... Or permitted ) to work governing child labor provisions of the FLSA and Tennessee... Their sport 12.15 per hour for positions in your agency casual babysitters and persons employed companions... Standard salary level used to determine which employees are exempt employees who are not from. Which are illustrative, but not all-inclusive employees overtime status - transformation of enterprise systems, sent... Overtime threshold is a salary level used to determine which employees are eligibleor exemptfor overtime pay.... An additional one-half times this regular rate for each hour over 40, plus the full earnings...
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