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e-CFR data is current as of July 13, 2020

Title 29Subtitle BChapter VSubchapter BPart 778Subpart C → §778.216


Title 29: Labor
PART 778—OVERTIME COMPENSATION
Subpart C—Payments That May Be Excluded From the “Regular Rate”


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

Section 7(e)(2) of the Act provides that the term “regular rate” shall not be deemed to include “payments made for occasional periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause; reasonable payments for traveling expenses, or other expenses, incurred by an employee in the furtherance of his employer's interests and properly reimbursable by the employer; and other similar payments to an employee which are not made as compensation for his hours of employment *  *  *.” However, since such payments are not made as compensation for the employee's hours worked in any workweek, no part of such payments can be credited toward overtime compensation due under the Act.

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