Webinar

# Calculating Overtime in 2021: How to Get it Right Every Time

60 min. Aired Monday August 23rd | 10am PT / 12pm CT

Approved for 1.0 certification hour to APA through 9/30/2021

## Calculating Overtime in 2021: How to Get it Right Every Time

Calculating Overtime in 2021: How to Get it Right Every Time

Calculating overtime pay for nonexempt employees sounds so simple. Common folk lore says you simply count the hours the employee works beyond 40 hours a week. Then you multiply that by 1.5 times their hourly pay rate and you’re done right? Not so fast. The truth is that overtime rules and the mathematics required to arrive at the correct calculation can be extremely tricky. Overtime under the Fair Labor Standards Act is based on a unique term, created in 1938, known as the regular rate of pay. And calculating the regular rate of pay is more complex than it appears. What’s included in the calculation? The reasonable cost of meals, lodging, nondiscretionary bonuses, commissions, on-call pay, shift differentials, cash benefit payments from Section 125 Cafeteria Plans, the list goes on… And that’s just computing the regular rate – we haven’t even touched overtime yet! For example, when a bonus must be included in calculating the rate what overtime does it apply to? When the bonus is paid or when the bonus was earned? What if the bonus spans a long period of time such as a quarter or a full year?

Then what happens if you get it wrong? Nobody pays attention, do they? According to the Department of Labor they collected more than \$322 million in back wages for more than 280,000 workers in FY 2019 alone. Of that amount collected, \$186 million was for back overtime.

Penalties for overtime violations can be severe with the possibility of fines, imprisonment or both! Add civil suits to the mix and the results can be devastating to any business no matter how large or small! And just to make it interesting, most states use the same definition to calculate overtime as the FLSA does. So, one error can earn you double the penalties.

### What you will learn

• What is the definition of overtime under the FLSA-- it's not what most people think
• What is the Portal-to-Portal Act and how does it affect overtime
• How to calculate the regular rate of pay
• Tracking hours worked and the use of rounding practices
• The eight narrowly construed exceptions to inclusion of payments in the regular rate
• When you must include a bonus in calculating your employee’s overtime pay

## About the Speaker - Vicki Lambert, CPP

Vicki M. Lambert, CPP, is President and Academic Director of The Payroll Advisor™, a firm specializing in payroll education and training. The company’s website www.thepayrolladvisor.com offers a payroll news service which keeps payroll professionals up-to-date on the latest rules and regulations.

With over 35 years of hands-on experience in all facets of payroll functions as well as over 20 years as a trainer and author, Ms. Lambert has become the most sought-after and respected voice in the practice and management of payroll issues. She has conducted open market training seminars on payroll issues across the United States that have been attended by executives and professionals from some of the most prestigious firms in business today.

A pioneer in electronic and online education, Ms. Lambert produces and presents payroll related audio seminars, webinars and webcasts for clients, APA chapters and business groups throughout the country. Ms. Lambert is an adjunct faculty member at Brandman University in Southern California and is the creator of and instructor for their Practical Payroll Online program, which is approved for recertification hours by the APA. She is also the instructor for the American Payroll Association’s “PayTrain” online program also offered by Brandman University.

This webinar has been submitted by APA for 1 (one) general RCH credit until 09/30/2021. You must watch the entire one-hour recording session per APA rules and regulations to qualify for credit. If approved, you will be sent an email containing program codes within 30 days of the date of presentation.

If you view this entire webinar without fast-forwarding in addition to passing the required quiz, you will receive an email containing your earned program code, including APA program codes, within 30 days.

To access the quiz, click on the link at the end of the video to be redirected to a six question test after you have completed watching the full webinar. In order to take the test, you must create a student account on the testing software Canvas: New 2020/2021 join code for canvas 7A4TPB

https://canvas.instructure.com/enroll/7A4TPB). Once you submit your quiz answers, you will be shown which answers were incorrect, if any. You have the option to retake the quiz as many times as you like until you pass the pass the test with minimum of 5 correct answers.

The presentation must be viewed in one sitting (the presentation may be paused, but if the browser window closes, you will be required to re-register and watch again from the beginning).

The email address on both the registration and viewing pages must match exactly to qualify for credit. Only business domain email addresses are accepted.
If the presentation is viewed in a group setting, only the name and email address of the registered viewer will receive the certificate of credit.

## More Questions?

webinars@ascentis.com