Under the federal Fair Labor Standards Act, hours over 40 in a workweek are paid at 1.5 times your regular rate. Weeks cannot be averaged: 50 hours one week and 30 the next still means 10 overtime hours.
Tipped workers are a common place for mistakes. For someone paid $2.13 with a tip credit, the federal overtime cash rate is $5.755 an hour (1.5 × $7.25, minus $5.12). Paying 1.5 × $2.13, which is $3.195, is wrong.
Some states add daily overtime, such as California after 8 hours in a workday. See overtime for tipped workers.
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