33 Treatment of Overtime Remuneration. If the
employer’s books and records are maintained so as to
show separately, by employee and in summary by class
of work,
(a) the extra remuneration earned for overtime in
excess of the remuneration which would have
been earned for such overtime had the regular
rate of pay applied,
or
(b) the total remuneration for overtime for those
hours worked at increased rates of pay,
the remuneration upon which the premium for
the policy is based shall exclude, respectively,
(i) all of the remuneration in (a) above,
or
(ii) one-third of the remuneration shown in (b)
or, where double time is paid for overtime
and the remuneration therefore is shown
separately, one-half of the remuneration at
double time.
(c) For the purpose of this rule “Overtime” shall
mean those hours worked for which there is an
increase in the rate of pay,
(i) for work in any day or in any week in excess
of the number of hours normally worked but
in any event for hours worked in excess of
eight hours in any day or forty hours in any
week,
or
(ii) for work performed on Saturdays, Sundays,
or holidays.
Provided, however, that in the case of guaranteed
wage agreements under which the employee receives
a guaranteed wage for actually working any number
of hours up to a specifi ed number of hours per week,
“Overtime” shall include only those hours worked in
excess of such specifi ed number.
Exceptions: This rule (3:3-33) is not applicable in
connection with the stevedoring classifi cations. Codes
7309, 7317, 7323 and 7327.