Overtime and state rules · rules read October 11, 2026
Regular rate of pay with two or more hourly rates
Enter the hours and the rate of each job worked in the week; the calculator finds the weighted regular rate and the overtime premium.
Written by Radif Partners · How the hours are counted · Editorial policy
Regular rate for the week
$18.00
weighted average of 45.00 hours
| Straight-time pay, all hours | $810.00 |
| Overtime hours (past 40) | 5.00 h |
| Overtime premium (half the regular rate) | $45.00 |
| Total pay for the week | $855.00 |
29 CFR 778.115: total straight-time earnings divided by all hours worked; each overtime hour adds half of that rate. How this is calculated.
The regular rate of pay is the hourly figure overtime is calculated on, and for a worker paid two or more rates in one workweek it is a weighted average: total straight-time earnings divided by total hours worked, under 29 CFR 778.115. Overtime then adds half that rate for each hour past 40, since every hour has already been paid once at its own rate. Thirty hours at $18 and fifteen at $24 earn $900.00 in straight time over 45 hours, a regular rate of $20.00; the 5 overtime hours add $50.00 and the week pays $950.00. What goes into the regular rate is broad. The Department of Labor’s Fact Sheet #23 includes all remuneration for employment, such as shift differentials, commissions and nondiscretionary bonuses, and leaves out a closed list: discretionary bonuses, gifts, expense reimbursements, and pay for vacation, holidays or illness when no work is done.
Regular rate with two jobs at two rates
Regular rate
$20.00
| Straight-time pay | $900.00 |
| Overtime hours | 5.00 |
| Half-time premium | $50.00 |
| Total for the week | $950.00 |
The weighted average in four lines
The method in 29 CFR 778.115 fits on a sticky note. Multiply the hours of each rate by that rate. Add the products: that is straight-time pay for the whole week. Divide by total hours: that is the regular rate. Multiply half of it by the hours past 40: that is the overtime premium owed on top. The calculator above runs exactly these steps, and the table shows them on three weeks.
| Week | Hours | Straight-time pay | Regular rate | OT hours | Premium | Total |
|---|---|---|---|---|---|---|
| 30 h at $18 and 15 h at $24 | 45 | $900.00 | $20.00 | 5 | $50.00 | $950.00 |
| 36 day h at $19, 8 night h at $21 | 44 | $852.00 | $19.36 | 4 | $38.73 | $890.73 |
| Three rates: $16, $20, $27 | 50 | $1,004.00 | $20.08 | 10 | $100.40 | $1,104.40 |
The second row is a shift differential written as a separate rate: $2 more for night hours. Payroll that ignored the night premium when pricing overtime would pay $890.00, against $890.73 owed, a gap of $0.73. The amount is small, but it repeats every week of the year and for every night worker on the payroll. Note also that the premium is half the rate, not one and a half times: the first "1" was already paid in the straight-time column.
What goes into the regular rate, and what stays out
The Department of Labor’s Fact Sheet #23 starts from a wide definition. The regular rate includes all remuneration for employment except the payments the Act excludes. That brings in more than the hourly wage: shift differentials, commissions, piece-rate earnings and bonuses the employee expects because they were announced or promised, such as attendance, production or quality bonuses. The section 7 text in 29 U.S.C. 207(e) lists what may be left out.
- Discretionary bonuses, decided by the employer alone, with no prior promise or formula the employee could rely on.
- Gifts on special occasions, like a holiday gift not tied to hours or output.
- Expense reimbursements for costs incurred on the employer's behalf, such as travel or supplies.
- Pay for time not worked: vacation, holidays, illness, or a day the employer closes for lack of work.
- Premiums that are themselves overtime, such as time and a half already paid for hours over a daily or weekly standard.
The practical test for a bonus is whether the employee could count on it. A $100 monthly bonus paid whenever attendance is perfect is promised in advance, so it belongs in the regular rate; when it is paid for a month, it must be spread over that month's workweeks and extra overtime paid on the weeks that had overtime. A surprise year-end check decided by the owner, with no formula, is discretionary and stays out.
Salary, piece rate and the other ways to reach the same rate
A weekly salary for a nonexempt employee is turned into a regular rate by dividing it by the hours it is meant to cover; the salaried overtime page works through the Fact Sheet #23 example. Piece-rate pay follows the same idea as two rates: total earnings for the week divided by total hours. In California and the other daily-rule states, the regular rate is the base for daily overtime and double time as well; the comparison of daily overtime states explains where those hours come from. For a single wage, the time and a half calculator is enough, and the overtime calculator splits the week once the rate is known.