![]() In order to understand the Chinese overtime calculation that is used in the fluctuating workweek method, it is easiest to use an example. What is Chinese overtime: Understanding the Chinese overtime formula The additional half-time amount is only paid for the added hours worked beyond 40. The fixed salary amount is supposed to be the payment of straight time for all of the hours that were worked. The employer figures out what the employee’s normal base rate pay by dividing the fixed salary by the number of hours worked. ![]() For the hours that an employee works over 40 hours, he or she will receive half-time pay as calculated with the Chinese overtime formula. When employers use the Chinese overtime calculation, they use salaries that are paid for all of the hours worked during the week. Overtime pay is traditionally paid at a rate of 1.5 times of the worker’s standard hourly pay for each hour that he or she works over 40 in a week. If your employer uses this method and has failed to pay you enough for your overtime hours, you might want to consult with the employment law attorneys at Swartz Swidler. While using this method is legal, some employers calculate the pay incorrectly. Employers use this method in order to save money.
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