The general overtime pay standard in section 7(a) requires that
overtime must be compensated at a rate not less than one and one-half
times the regular rate at which the employee is actually employed. The
regular rate of pay at which the employee is employed may in no event be
less than the statutory minimum. (The statutory minimum is the specified
minimum wage applicable under section 6 of the Act, except in the case
of workers specially provided for in section 14 and workers in Puerto
Rico, the Virgin Islands, and American Samoa who are covered by wage
orders issued pursuant to section 8 of the Act.) If the employee's
regular rate of pay is higher than the statutory minimum, his overtime
compensation must be computed at a rate not less than one and one-half
times such higher rate. Under certain conditions prescribed in section 7
(f), (g), and (j), the Act provides limited exceptions to the
application of the general standard of section 7(a) for computing
overtime pay based on the regular rate. With respect to these, see
Secs. 778.400 through 778.421 and 778.601 and part 548 of this chapter.
The Act also provides, in section 7(b), (i), (k) and (m) and in section
13, certain partial and total exemptions from the application of section
7(a) to certain employees and under certain conditions. Regulations and
interpretations concerning these exemptions are outside the scope of
this part 778 and reference should be made to other applicable parts of
this chapter.
[46 FR 7309, Jan. 23, 1981]
