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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 D  

Special Problems


29 CFR 778.303 - Retroactive pay increases.

  • Section Number: 778.303
  • Section Name: Retroactive pay increases.

    Where a retroactive pay increase is awarded to employees as a result 
of collective bargaining or otherwise, it operates to increase the 
regular rate of pay of the employees for the period of its 
retroactivity. Thus, if an employee is awarded a retroactive increase of 
10 cents per hour, he is owed, under the Act, a retroactive increase of 
15 cents for each overtime hour he has worked during the period, no 
matter what the agreement of the parties may be. A retroactive pay 
increase in the form of a lump sum for a particular period must be 
prorated back over the hours of the period to which it is allocable to 
determine the resultant increases in the regular rate, in precisely the 
same manner as a lump sum bonus. For a discussion of the method of 
allocating bonuses based on employment in a prior period to the 
workweeks covered by the bonus payment, see Sec. 778.209.
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