The application of section 7(e)(6) may be illustrated by the
following example: Suppose an agreement of employment calls for the
payment of $7.50 an hour for all hours worked on a holiday or on Sunday
in the operation of machines by operators whose maximum hours standard
is 40 hours and who are paid a bona fide hourly rate of $5 for like work
performed during nonovertime hours on other days. Suppose further that
the workweek of such an employee begins at 12:01 a.m. Sunday, and in a
particular week he works a schedule of 8 hours on Sunday and on each day
from Monday through Saturday, making a total of 56 hours worked in the
workweek. Tuesday is a holiday. The payment of $320 to which the
employee is entitled under the employment agreement will satisfy the
requirements of the Act since the employer may properly exclude from the
regular rate the extra $20 paid for work on Sunday and the extra $20
paid for holiday work and credit himself with such amount against the
statutory overtime premium required to be paid for the 16 hours worked
over 40.
[46 FR 7311, Jan. 23, 1981]
