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Content Last Revised: 1/23/81
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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 E  

Exceptions From the Regular Rate Principles


29 CFR 778.409 - Provision for overtime pay.

  • Section Number: 778.409
  • Section Name: Provision for overtime pay.

    The section 7(f) contract must provide for compensation at not less 
than one and one-half times the specified regular rate for all hours 
worked in excess of the applicable maximum hours standard for the 
particular workweek. All excessive hours, not merely those covered by 
the guarantee, must be compensated at one and one-half times (or a 
higher multiple) of the specified regular rate. A contract which 
guaranteed a weekly salary of $169, specified a rate of $3.60 per hour, 
and provided that not less than one and one-half times such rate would 
be paid only for all hours up to and including 46\2/3\ hours would not 
qualify under this section. The contract must provide for payment at 
time and one-half (or more) for all hours in excess of the applicable 
maximum hours standard in any workweek. A contract may provide a 
specific overtime rate greater than one and one-half times the specified 
rate, for example, double time. If it does provide a specific overtime 
rate it must provide that such rate will be paid for all hours worked in 
excess of the applicable maximum hours standard.
[46 FR 7317, Jan. 23, 1981]
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