In some contracts provision is made for payment for certain hours,
which constitute working time under the Act, coupled with a provision
that these
hours will not be counted as working time. Such a provision is a
nullity. If the hours in question are hours worked, they must be counted
as such in determining whether more than the applicable maximum hours
have been worked in the workweek. If more hours have been worked, the
employee must be paid overtime compensation at not less than one and
one-half times his regular rate for all overtime hours. A provision that
certain hours will be compensated only at straight time rates is
likewise invalid. If the hours are actually hours worked in excess of
the applicable maximum hours standard, extra half-time compensation will
be due regardless of any agreement to the contrary.
