If the calculation and payment of the commission cannot be completed
until sometime after the regular pay day for the workweek, the employer
may disregard the commission in computing the regular hourly rate until
the amount of commission can be ascertained. Until that is done he may
pay compensation for overtime at a rate not less than one and one-half
times the hourly rate paid the employee, exclusive of the commission.
When the commission can be computed and paid, additional overtime
compensation due by reason of the inclusion of the commission in the
employee's regular rate must also be paid. To compute this additional
overtime compensation, it is necessary, as a general rule, that the
commission be apportioned back over the workweeks of the period during
which it was earned. The employee must then receive additional overtime
compensation for each week during the period in which he worked in
excess of the applicable maximum hours standard. The additional
compensation for that workweek must be not less than one-half of the
increase in the hourly rate of pay attributable to the commission for
that week multipled by the number of hours worked in excess of the
applicable maximum hours standard in that workweek.
