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

  • Section Number: 778.216
  • Section Name: 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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