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Regular Rate of Pay

Employers are required to pay the appropriate overtime pay, the premium pay for missed meal and rest breaks, and the appropriate sick pay based on the “regular rate of pay.”   


For employees who are paid on an hourly basis, the regular rate of pay is usually the same as the hourly pay rate.  For salaried workers, the regular rate of pay is calculated by dividing the total earnings in a workweek by the number of hours worked in that workweek.  


However, there are many nuances to this calculation because what is considered payments can include piecework earning, certain commissions and bonuses, and other nondiscretionary payments for work performed.  Additionally, the methods of calculation can be complex.  


Employers sometimes do not include these additional payments in their calculations, or do not use the appropriate calculation method, resulting in calculations that are done improperly.  This results in employees not being fully compensated for their work.

Overtime Work

Meal and Rest Breaks

Call us for a free consultation.


If you believe you are not being fully compensated for your work, call us for a free consultation. Employers who violate California wage and hour laws face serious consequences and hefty penalties.   Our office generally works on a contingency-fee basis for these claims and we do not collect fees unless we obtain money for you.  Our Firm will fight tirelessly to protect and defend the rights of every employee to be fully compensated for their work. 


Call the Falchetti Law Firm at (626) 831-9070  or email us here.

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