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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 29 - Labor |
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Subtitle B - Regulations Relating to Labor |
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Chapter V - Wage and Hour Division, Department of Labor |
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SubChapter B - Statements of General Policy or Interpretation Not Directly Related to Regulations |
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Part 778 - Overtime Compensation |
| Subpart A - General Considerations |
| § 778.0 - Introductory statement. |
| § 778.1 - Introductory statement. |
| § 778.2 - Coverage and exemptions not discussed. |
| § 778.3 - Interpretations made, continued, and superseded by this part. |
| § 778.4 - Reliance on interpretations. |
| § 778.5 - Relation to other laws generally. |
| § 778.6 - Effect of Davis-Bacon Act. |
| § 778.7 - Effect of Service Contract Act of 1965. |
| Subpart B - The Overtime Pay Requirements |
| Introductory |
| § 778.100 - The maximum-hours provisions. |
| § 778.101 - Maximum nonovertime hours. |
| § 778.102 - Application of overtime provisions generally. |
| § 778.103 - The workweek as the basis for applying section 7(a). |
| § 778.104 - Each workweek stands alone. |
| § 778.105 - Determining the workweek. |
| § 778.106 - Time of payment. |
| Principles for Computing Overtime Pay Based on the “Regular Rate” |
| § 778.107 - General standard for overtime pay. |
| § 778.108 - The “regular rate”. |
| § 778.109 - The regular rate is an hourly rate. |
| § 778.110 - Hourly rate employee. |
| § 778.111 - Pieceworker. |
| § 778.112 - Day rates and job rates. |
| § 778.113 - Salaried employees - general. |
| § 778.114 - Fluctuating Workweek Method of Computing Overtime. |
| § 778.115 - Employees working at two or more rates. |
| § 778.116 - Payments other than cash. |
| § 778.117 - Commission payments - general. |
| § 778.118 - Commission paid on a workweek basis. |
| § 778.119 - Deferred commission payments - general rules. |
| § 778.120 - Deferred commission payments not identifiable as earned in particular workweeks. |
| § 778.121 - Commission payments - delayed credits and debits. |
| § 778.122 - Computation of overtime for commission employees on established basic rate. |
| Subpart C - Payments That May Be Excluded From the “Regular Rate” |
| The Statutory Provisions |
| § 778.200 - Provisions governing inclusion, exclusion, and crediting of particular payments. |
| Payments Not for Hours Worked |
| § 778.216 - The provisions of section 7(e)(2) of the Act. |
| § 778.217 - Reimbursement for expenses. |
| § 778.218 - Pay for certain idle hours. |
| § 778.219 - Pay for forgoing holidays and unused leave. |
| § 778.220 - “Show-up” or “reporting” pay. |
| § 778.221 - “Call-back” pay. |
| § 778.222 - Other payments similar to “call-back” pay. |
| § 778.223 - Pay for non-productive hours distinguished. |
| § 778.224 - “Other similar payments”. |
| Bonuses |
| § 778.208 - Inclusion and exclusion of bonuses in computing the “regular rate.” |
| § 778.209 - Method of inclusion of bonus in regular rate. |
| § 778.210 - Percentage of total earnings as bonus. |
| § 778.211 - Discretionary bonuses. |
| § 778.212 - Gifts, Christmas and special occasion bonuses. |
| § 778.213 - Profit-sharing, thrift, and savings plans. |
| § 778.214 - Benefit plans; including profit-sharing plans or trusts providing similar benefits. |
| § 778.215 - Conditions for exclusion of benefit-plan contributions under section 7(e)(4). |
| Talent Fees in the Radio and Television Industry |
| § 778.225 - Talent fees excludable under regulations. |
| Extra Compensation Paid for Overtime |
| § 778.201 - Overtime premiums - general. |
| § 778.202 - Premium pay for hours in excess of a daily or weekly standard. |
| § 778.203 - Premium pay for work on Saturdays, Sundays, and other “special days”. |
| § 778.204 - “Clock pattern” premium pay. |
| § 778.205 - Premiums for weekend and holiday work - example. |
| § 778.206 - Premiums for work outside basic workday or workweek - examples. |
| § 778.207 - Other types of contract premium pay distinguished. |
| Subpart D - Special Problems |
| Introductory |
| § 778.300 - Scope of subpart. |
| Lump Sum Attributed to Overtime |
| § 778.308 - The overtime rate is an hourly rate. |
| § 778.309 - Fixed sum for constant amount of overtime. |
| § 778.310 - Fixed sum for varying amounts of overtime. |
| § 778.311 - Flat rate for special job performed in overtime hours. |
| Change in the Beginning of the Workweek |
| § 778.301 - Overlapping when change of workweek is made. |
| § 778.302 - Computation of overtime due for overlapping workweeks. |
| How Deductions Affect the Regular Rate |
| § 778.304 - Amounts deducted from cash wages - general. |
| § 778.305 - Computation where particular types of deductions are made. |
| § 778.306 - Salary reductions in short workweeks. |
| § 778.307 - Disciplinary deductions. |
| “Task” Basis of Payment |
| § 778.312 - Pay for task without regard to actual hours. |
| § 778.313 - Computing overtime pay under the Act for employees compensated on task basis. |
| § 778.314 - Special situations. |
| Reduction in Workweek Schedule With No Change in Pay |
| § 778.321 - Decrease in hours without decreasing pay - general. |
| § 778.322 - Reducing the fixed workweek for which a salary is paid. |
| § 778.323 - Effect if salary is for variable workweek. |
| § 778.324 - Effect on hourly rate employees. |
| § 778.325 - Effect on salary covering more than 40 hours' pay. |
| § 778.326 - Reduction of regular overtime workweek without reduction of take-home pay. |
| § 778.327 - Temporary or sporadic reduction in schedule. |
| § 778.328 - Plan for gradual permanent reduction in schedule. |
| § 778.329 - Alternating workweeks of different fixed lengths. |
| Task” Basis of Payment |
| Effect of Failure to Count or Pay for Certain Working Hours |
| § 778.315 - Payment for all hours worked in overtime workweek is required. |
| § 778.316 - Agreements or practices in conflict with statutory requirements are ineffective. |
| § 778.317 - Agreements not to pay for certain nonovertime hours. |
| § 778.318 - Productive and nonproductive hours of work. |
| Prizes as Bonuses |
| § 778.330 - Prizes or contest awards generally. |
| § 778.331 - Awards for performance on the job. |
| § 778.332 - Awards for activities not normally part of employee's job. |
| § 778.333 - Suggestion system awards. |
| Effect of Paying for but Not Counting Certain Hours |
| § 778.319 - Paying for but not counting hours worked. |
| § 778.320 - Hours that would not be hours worked if not paid for. |
| Additional Pay for Past Period |
| § 778.303 - Retroactive pay increases. |
| Subpart E - Exceptions From the Regular Rate Principles |
| Guaranteed Compensation Which Includes Overtime Pay |
| § 778.402 - The statutory exception provided by section 7(f) of the Act. |
| § 778.403 - Constant pay for varying workweeks including overtime is not permitted except as specified in section 7(f). |
| § 778.404 - Purposes of exemption. |
| § 778.405 - What types of employees are affected. |
| § 778.406 - Nonovertime hours as well as overtime hours must be irregular if section 7(f) is to apply. |
| § 778.407 - The nature of the section 7(f) contract. |
| § 778.408 - The specified regular rate. |
| § 778.409 - Provision for overtime pay. |
| § 778.410 - The guaranty under section 7(f). |
| § 778.411 - Sixty-hour limit on pay guaranteed by contract. |
| § 778.412 - Relationship between amount guaranteed and range of hours employee may be expected to work. |
| § 778.413 - Guaranty must be based on rates specified in contract. |
| § 778.414 - “Approval” of contracts under section 7(f). |
| Computing Overtime Pay on the Rate Applicable to the Type of Work Performed in Overtime Hours (Secs. 7(g) (1) and (2)) |
| Computing Overtime Pay on the Rate Applicable to the Type of Work Performed in Overtime Hours (Secs. 7()(1) and (2)) |
| § 778.415 - The statutory provisions. |
| § 778.416 - Purpose of provisions. |
| § 778.417 - General requirements of section 7(g). |
| § 778.418 - Pieceworkers. |
| § 778.419 - Hourly workers employed at two or more jobs. |
| § 778.420 - Combined hourly rates and piece rates. |
| § 778.421 - Offset hour for hour. |
| Computing Overtime Pay on the Rate Applicable to the Type of Work Performed in Overtime Hours (Secs. 7(g) (1)and (2)) |
| Computing Overtime Pay on the Rate Applicable to the Type of Work Performed in Overtime Hours (Secs. 7(G)(1) and (2)) |
| Computing Overtime Pay on an “Established” Rate |
| § 778.400 - The provisions of section 7(g)(3) of the Act. |
| § 778.401 - Regulations issued under section 7(g)(3). |
| Subpart F - Pay Plans Which Circumvent the Act |
| Devices to Evade the Overtime Requirements |
| § 778.500 - Artificial regular rates. |
| § 778.501 - The “split-day” plan. |
| Pseudo-Bonuses |
| § 778.502 - Artificially labeling part of the regular wages a “bonus”. |
| § 778.503 - Pseudo “percentage bonuses.” |
| Subpart G - Miscellaneous |
| § 778.600 - Veterans' subsistence allowances. |
| § 778.601 - Special overtime provisions available for hospital and residential care establishments under section 7(j). |
| § 778.602 - Special overtime provisions under section 7(b). |
| § 778.603 - Special overtime provisions for certain employees receiving remedial education under section 7(q). |