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Electronic Code of Federal Regulations

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e-CFR Data is current as of August 28, 2014

Title 29Subtitle BChapter VSubchapter BPart 778


TITLE 29—Labor

Subtitle B—REGULATIONS RELATING TO LABOR (CONTINUED)

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

rule

Subpart A—GENERAL CONSIDERATIONS

§778.0
Introductory statement.
§778.1
Purpose of interpretative bulletin.
§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Interpretations made, continued, and superseded by this part.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.
rule

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
Fixed salary for fluctuating hours.
§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.
rule

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.

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.

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).

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 foregoing holidays and vacations.
§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”.

Talent Fees in the Radio and Television Industry

§778.225
Talent fees excludable under regulations.
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Subpart D—SPECIAL PROBLEMS

Introductory

§778.300
Scope of subpart.

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.

Additional Pay for Past Period

§778.303
Retroactive pay increases.

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.

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.

“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.

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.

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.

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.

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.
rule

Subpart E—EXCEPTIONS FROM THE REGULAR RATE PRINCIPLES

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).

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))

§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.
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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.”
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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).


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