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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 778.224 - ``Other similar payments''.

  • Section Number: 778.224
  • Section Name: ``Other similar payments''.

    (a) General. The preceding sections have enumerated and discussed 
the basic types of payments for which exclusion from the regular rate is 
specifically provided under section 7(e)(2) because they are not made as 
compensation for hours of work. Section 7(e) (2) also authorizes 
exclusion from the regular rate of ``other similar payments to an 
employee which are not made as compensation for his hours of 
employment.'' Since a variety of miscellaneous payments are paid by an 
employer to an employee under peculiar circumstances, it was not 
considered feasible to attempt to list them. They must, however, be 
``similar'' in character to the payments specifically described in 
section 7(e)(2). It is clear that the clause was not intended to permit 
the exclusion from the regular rate of payments such as bonuses or the 
furnishing of facilities like board and lodging which, though not 
directly attributable to any particular hours of work are, nevertheless, 
clearly understood to be compensation for services.
    (b) Examples of other excludable payments. A few examples may serve 
to illustrate some of the types of payments intended to be excluded as 
``other similar payments'':
    (1) Sums paid to an employee for the rental of his truck or car.
    (2) Loans or advances made by the employer to the employee.
    (3) The cost to the employer of conveniences furnished to the 
employee such as parking space, restrooms, lockers, on-the-job medical 
care and recreational facilities.
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