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Content Last Revised: 1/26/68
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 778  

Overtime Compensation

 

 

 

Subpart C  

Payments That May Be Excluded From the ``Regular Rate''


29 CFR 778.213 - Profit-sharing, thrift, and savings plans.

  • Section Number: 778.213
  • Section Name: Profit-sharing, thrift, and savings plans.

    Section 7(e)(3)(b) of the Act provides that the term ``regular 
rate'' shall not be deemed to include ``sums paid in recognition of 
services performed during a given period if * * * the payments are made 
pursuant to a bona fide profit-sharing plan or trust or bona fide thrift 
or savings plan, meeting the requirements of the Secretary of Labor set 
forth in appropriate regulations * * *''. Such sums may not, however, be 
credited toward overtime compensation due under the Act. The regulations 
issued under this section are parts 547 and 549 of this chapter. 
Payments in addition to the regular wages of the employee, made by the 
employer pursuant to a plan which meets the requirements of the 
regulations in part 547 or 549 of this chapter, will be properly 
excluded from the regular rate.
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