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However, an employer cannot discipline an employee for refusing to work on the 7th day in a workweek and is subject to a penalty for causing or inducing an employee to forego a day of rest.
An employee who is fully apprised of the entitlement to rest may independently chooses not to take a day of rest. Overtime is calculated based on hours actually worked, and you worked only 40 hours during the workweek.
Overtime on the production bonus is then paid at .5 times or 1 times the regular rate for all overtime hours worked in the bonus-earning period.This maximum may also be affected by the number of days one works in a workweek.It is important to determine what maximum is legal in each case.Yes, there are certain types of payments that are excluded from the regular rate of pay.
Examples of some of the more common exclusions are sums paid as gifts for special occasions, expense reimbursements, payments made for occasional periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, premium pay for Saturday, Sunday, or holiday work, and discretionary bonuses.
For example, if you work 32 to 38 hours each week, there is an agreed average workweek of 35 hours, and thirty-five hours is the figure used to determine the regular rate of pay.