Under the Fair Labor Standards Act (FLSA), a nonexempt employee ' s " regular rate of pay " must include all remuneration for employment except for specific statutory exclusions. While items like paid time off (Option A), true discretionary bonuses (Option B), and business expense reimbursements (Option C) are excluded from the regular rate, " on-call pay " (Option D) is considered compensation for the employee ' s time and must be included. To calculate the overtime premium, the employer must total all such includable payments for the workweek and divide by the total hours worked to find the regular rate. For any hours worked over 40, the employee is then entitled to an additional 50% of that calculated regular rate. Failure to include on-call pay or non-discretionary bonuses in this calculation results in underpayment of overtime and potential Department of Labor (DOL) penalties.