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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of February 4, 2010
TITLE 29--Labor
Subtitle B--REGULATIONS RELATING TO LABOR
CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
SUBCHAPTER B--STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS
PART 778--OVERTIME COMPENSATION
Subpart A--GENERAL CONSIDERATIONS
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| Purpose of interpretative bulletin. |
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| Coverage and exemptions not discussed. |
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| Interpretations made,, and superseded by this part. |
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| Reliance on interpretations. |
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| Relation to other laws generally. |
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| Effect of Davis-Bacon Act. |
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| Effect of Service Contract Act of 1965. |
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Subpart B--THE OVERTIME PAY REQUIREMENTS
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| The maximum-hours provisions. |
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| Maximum nonovertime hours. |
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| Application of overtime provisions generally. |
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| The workweek as the basis for applying section 7(a). |
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| Each workweek stands alone. |
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| Determining the workweek. |
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| General standard for overtime pay. |
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| The regular rate is an hourly rate. |
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| Salaried employees--general. |
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| Fixed salary for fluctuating hours. |
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| Employees working at two or more rates. |
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| Payments other than cash. |
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| Commission payments--general. |
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| Commission paid on a workweek basis. |
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| Deferred commission payments--general rules. |
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| Deferred commission payments not identifiable as earned in particular workweeks. |
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| Commission payments--delayed credits and debits. |
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| Computation of overtime for commission employees on established basic rate. |
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Subpart C--PAYMENTS THAT MAY BE EXCLUDED FROM THE ''REGULAR RATE''
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| Provisions governing inclusion, exclusion, and crediting of particular payments. |
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| Overtime premiums--general. |
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| Premium pay for hours in excess of a daily or weekly standard. |
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| Premium pay for work on Saturdays, Sundays, and other ''special days''. |
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| ''Clock pattern'' premium pay. |
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| Premiums for weekend and holiday work--example. |
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| Premiums for work outside basic workday or workweek--examples. |
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| Other types of contract premium pay distinguished. |
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| Inclusion and exclusion of bonuses in computing the ''regular rate.'' |
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| Method of inclusion of bonus in regular rate. |
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| Percentage of total earnings as bonus. |
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| Gifts, Christmas and special occasion bonuses. |
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| Profit-sharing, thrift, and savings plans. |
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| Benefit plans; including profit-sharing plans or trusts providing similar benefits. |
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| Conditions for exclusion of benefit-plan contributions under section 7(e)(4). |
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| The provisions of section 7(e)(2) of the Act. |
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| Reimbursement for expenses. |
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| Pay for certain idle hours. |
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| Pay for foregoing holidays and vacations. |
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| ''Show-up'' or ''reporting'' pay. |
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| Other payments similar to ''call-back'' pay. |
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| Pay for non-productive hours distinguished. |
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| ''Other similar payments''. |
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| Talent fees excludable under regulations. |
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Subpart D--SPECIAL PROBLEMS
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| Overlapping when change of workweek is made. |
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| Computation of overtime due for overlapping workweeks. |
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| Retroactive pay increases. |
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| Amounts deducted from cash wages--general. |
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| Computation where particular types of deductions are made. |
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| Salary reductions in short workweeks. |
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| The overtime rate is an hourly rate. |
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| Fixed sum for constant amount of overtime. |
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| Fixed sum for varying amounts of overtime. |
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| Flat rate for special job performed in overtime hours. |
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| Pay for task without regard to actual hours. |
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| Computing overtime pay under the Act for employees compensated on task basis. |
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| Payment for all hours worked in overtime workweek is required. |
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| Agreements or practices in conflict with statutory requirements are ineffective. |
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| Agreements not to pay for certain nonovertime hours. |
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| Productive and nonproductive hours of work. |
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| Paying for but not counting hours worked. |
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| Hours that would not be hours worked if not paid for. |
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| Decrease in hours without decreasing pay--general. |
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| Reducing the fixed workweek for which a salary is paid. |
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| Effect if salary is for variable workweek. |
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| Effect on hourly rate employees. |
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| Effect on salary covering more than 40 hours' pay. |
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| Reduction of regular overtime workweek without reduction of take-home pay. |
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| Temporary or sporadic reduction in schedule. |
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| Plan for gradual permanent reduction in schedule. |
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| Alternating workweeks of different fixed lengths. |
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| Prizes or contest awards generally. |
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| Awards for performance on the job. |
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| Awards for activities not normally part of employee's job. |
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| Suggestion system awards. |
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Subpart E--EXCEPTIONS FROM THE REGULAR RATE PRINCIPLES
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| The provisions of section 7(g)(3) of the Act. |
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| Regulations issued under section 7(g)(3). |
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| The statutory exception provided by section 7(f) of the Act. |
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| Constant pay for varying workweeks including overtime is not permitted except as specified in section 7(f). |
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| What types of employees are affected. |
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| Nonovertime hours as well as overtime hours must be irregular if section 7(f) is to apply. |
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| The nature of the section 7(f) contract. |
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| The specified regular rate. |
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| Provision for overtime pay. |
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| The guaranty under section 7(f). |
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| Sixty-hour limit on pay guaranteed by contract. |
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| Relationship between amount guaranteed and range of hours employee may be expected to work. |
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| Guaranty must be based on rates specified in contract. |
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| ''Approval'' of contracts under section 7(f). |
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| The statutory provisions. |
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| General requirements of section 7(g). |
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| Hourly workers employed at two or more jobs. |
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| Combined hourly rates and piece rates. |
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Subpart F--PAY PLANS WHICH CIRCUMVENT THE ACT
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| Artificial regular rates. |
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| Artificially labeling part of the regular wages a ''bonus''. |
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| Pseudo ''percentage bonuses.'' |
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Subpart G--MISCELLANEOUS
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| Veterans' subsistence allow- ances. |
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| Special overtime provisions available for hospital and residential care establishments under section 7(j). |
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| Special overtime provisions under section 7(b). |
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| Special overtime provisions for certain employees receiving remedial education under section 7(q). |
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