Only the premium above the regular rate counts, and tips are excluded
What the document says“the term `qualified overtime compensation' means overtime compensation paid to an individual required under section 7 of the Fair Labor Standards Act of 1938 that is in excess of the regular rate (as used in such section) at which such individual is employed.”
The section defines qualified overtime compensation as overtime pay required under section 7 of the Fair Labor Standards Act of 1938 that is above the regular rate at which the individual is employed, and excludes any qualified tip as defined in section 224(d).
What the document actually says“the term `qualified overtime compensation' means overtime compensation paid to an individual required under section 7 of the Fair Labor Standards Act of 1938 that is in excess of the regular rate (as used in such section) at which such individual is employed.”
The term covers overtime pay owed under a 1938 labor law. Only the part above the normal rate counts.
So the base hourly pay is left out. Only the extra on top gets the break. Tips are ruled out here.
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