Title 29, Part 778 — Overtime Compensation

Introductory statement.

Introductory statement.

Coverage and exemptions not discussed.

Interpretations made, continued, and superseded by this part.

Reliance on interpretations.

Relation to other laws generally.

Effect of Davis-Bacon Act.

Effect of Service Contract Act of 1965.

The maximum-hours provisions.

Maximum nonovertime hours.

Application of overtime provisions generally.

The workweek as the basis for applying section 7(a).

Each workweek stands alone.

Determining the workweek.

Time of payment.

General standard for overtime pay.

The “regular rate”.

The regular rate is an hourly rate.

Hourly rate employee.

Pieceworker.

Day rates and job rates.

Salaried employees—general.

Fluctuating Workweek Method of Computing Overtime.

Employees working at two or more rates.

Payments other than cash.

Commission payments—general.

Commission paid on a workweek basis.

Deferred commission payments—general rules.

Deferred commission payments not identifiable as earned in particular workweeks.

Commission payments—delayed credits and debits.

Computation of overtime for commission employees on established basic rate.

Provisions governing inclusion, exclusion, and crediting of particular payments.

Overtime premiums—general.

Premium pay for hours in excess of a daily or weekly standard.

Premium pay for work on Saturdays, Sundays, and other “special days”.

“Clock pattern” premium pay.

Premiums for weekend and holiday work—example.

Premiums for work outside basic workday or workweek—examples.

Other types of contract premium pay distinguished.

Inclusion and exclusion of bonuses in computing the “regular rate.”

Method of inclusion of bonus in regular rate.

Percentage of total earnings as bonus.

Discretionary bonuses.

Gifts, Christmas and special occasion bonuses.

Profit-sharing, thrift, and savings plans.

Benefit plans; including profit-sharing plans or trusts providing similar benefits.

Conditions for exclusion of benefit-plan contributions under section 7(e)(4).

The provisions of section 7(e)(2) of the Act.

Reimbursement for expenses.

Pay for certain idle hours.

Pay for forgoing holidays and unused leave.

“Show-up” or “reporting” pay.

“Call-back” pay.

Other payments similar to “call-back” pay.

Pay for non-productive hours distinguished.

“Other similar payments”.

Talent fees excludable under regulations.

Scope of subpart.

Overlapping when change of workweek is made.

Computation of overtime due for overlapping workweeks.

Retroactive pay increases.

Amounts deducted from cash wages—general.

Computation where particular types of deductions are made.

Salary reductions in short workweeks.

Disciplinary deductions.

The overtime rate is an hourly rate.

Fixed sum for constant amount of overtime.

Fixed sum for varying amounts of overtime.

Flat rate for special job performed in overtime hours.

Pay for task without regard to actual hours.

Computing overtime pay under the Act for employees compensated on task basis.

Special situations.

Payment for all hours worked in overtime workweek is required.

Agreements or practices in conflict with statutory requirements are ineffective.

Agreements not to pay for certain nonovertime hours.

Productive and nonproductive hours of work.

Paying for but not counting hours worked.

Hours that would not be hours worked if not paid for.

Decrease in hours without decreasing pay—general.

Reducing the fixed workweek for which a salary is paid.

Effect if salary is for variable workweek.

Effect on hourly rate employees.

Effect on salary covering more than 40 hours' pay.

Reduction of regular overtime workweek without reduction of take-home pay.

Temporary or sporadic reduction in schedule.

Plan for gradual permanent reduction in schedule.

Alternating workweeks of different fixed lengths.

Prizes or contest awards generally.

Awards for performance on the job.

Awards for activities not normally part of employee's job.

Suggestion system awards.

The provisions of section 7(g)(3) of the Act.

Regulations issued under section 7(g)(3).

The statutory exception provided by section 7(f) of the Act.

Constant pay for varying workweeks including overtime is not permitted except as specified in section 7(f).

Purposes of exemption.

What types of employees are affected.

Nonovertime hours as well as overtime hours must be irregular if section 7(f) is to apply.

The nature of the section 7(f) contract.

The specified regular rate.

Provision for overtime pay.

The guaranty under section 7(f).

Sixty-hour limit on pay guaranteed by contract.

Relationship between amount guaranteed and range of hours employee may be expected to work.

Guaranty must be based on rates specified in contract.

“Approval” of contracts under section 7(f).

The statutory provisions.

Purpose of provisions.

General requirements of section 7(g).

Pieceworkers.

Hourly workers employed at two or more jobs.

Combined hourly rates and piece rates.

Offset hour for hour.

Artificial regular rates.

The “split-day” plan.

Artificially labeling part of the regular wages a “bonus”.

Pseudo “percentage bonuses.”

Veterans' subsistence allowances.

Special overtime provisions available for hospital and residential care establishments under section 7(j).

Special overtime provisions under section 7(b).

Special overtime provisions for certain employees receiving remedial education under section 7(q).