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Title 29--Labor
CHAPTER V--WAGE AND HOUR
DIVISION,
DEPARTMENT OF LABOR
PART 778--OVERTIME COMPENSATION
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 | 778.0 | Introductory statement. |
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| 778.1 | Purpose of interpretative bulletin. |
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| 778.2 | Coverage and exemptions not discussed. |
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| 778.3 | Interpretations made, continued, and superseded by this part. |
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| 778.4 | Reliance on interpretations. |
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| 778.5 | Relation to other laws generally. |
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| 778.6 | Effect of Davis-Bacon Act. |
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| 778.7 | Effect of Service Contract Act of 1965. |
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| 778.100 | The maximum-hours provisions. |
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| 778.101 | Maximum nonovertime hours. |
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| 778.102 | Application of overtime provisions generally. |
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| 778.103 | The workweek as the basis for applying section 7(a). |
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| 778.104 | Each workweek stands alone. |
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| 778.105 | Determining the workweek. |
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| 778.106 | Time of payment. |
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| 778.107 | General standard for overtime pay. |
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| 778.108 | The ``regular rate''. |
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| 778.109 | The regular rate is an hourly rate. |
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| 778.110 | Hourly rate employee. |
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| 778.111 | Pieceworker. |
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| 778.112 | Day rates and job rates. |
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| 778.113 | Salaried employees--general. |
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| 778.114 | Fixed salary for fluctuating hours. |
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| 778.115 | Employees working at two or more rates. |
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| 778.116 | Payments other than cash. |
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| 778.117 | Commission payments--general. |
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| 778.118 | Commission paid on a workweek basis. |
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| 778.119 | Deferred commission payments--general rules. |
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| 778.120 | Deferred commission payments not identifiable as earned in particular workweeks. |
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| 778.121 | Commission payments--delayed credits and debits. |
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| 778.122 | Computation of overtime for commission employees on established basic rate. |
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| 778.200 | Provisions governing inclusion, exclusion, and crediting of particular payments. |
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| 778.201 | Overtime premiums--general. |
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| 778.202 | Premium pay for hours in excess of a daily or weekly standard. |
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| 778.203 | Premium pay for work on Saturdays, Sundays, and other ``special days''. |
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| 778.204 | ``Clock pattern'' premium pay. |
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| 778.205 | Premiums for weekend and holiday work--example. |
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| 778.206 | Premiums for work outside basic workday or workweek--examples. |
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| 778.207 | Other types of contract premium pay distinguished. |
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| 778.208 | Inclusion and exclusion of bonuses in computing the ``regular rate.'' |
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| 778.209 | Method of inclusion of bonus in regular rate. |
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| 778.210 | Percentage of total earnings as bonus. |
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| 778.211 | Discretionary bonuses. |
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| 778.212 | Gifts, Christmas and special occasion bonuses. |
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| 778.213 | Profit-sharing, thrift, and savings plans. |
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| 778.214 | Benefit plans; including profit-sharing plans or trusts providing similar benefits. |
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| 778.215 | Conditions for exclusion of benefit-plan contributions under section 7(e)(4). |
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| 778.216 | The provisions of section 7(e)(2) of the Act. |
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| 778.217 | Reimbursement for expenses. |
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| 778.218 | Pay for certain idle hours. |
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| 778.219 | Pay for foregoing holidays and vacations. |
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| 778.220 | ``Show-up'' or ``reporting'' pay. |
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| 778.221 | ``Call-back'' pay. |
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| 778.222 | Other payments similar to ``call-back'' pay. |
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| 778.223 | Pay for non-productive hours distinguished. |
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| 778.224 | ``Other similar payments''. |
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| 778.225 | Talent fees excludable under regulations. |
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| 778.300 | Scope of subpart. |
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| 778.301 | Overlapping when change of workweek is made. |
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| 778.302 | Computation of overtime due for overlapping workweeks. |
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| 778.303 | Retroactive pay increases. |
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| 778.304 | Amounts deducted from cash wages--general. |
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| 778.305 | Computation where particular types of deductions are made. |
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| 778.306 | Salary reductions in short workweeks. |
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| 778.307 | Disciplinary deductions. |
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| 778.308 | The overtime rate is an hourly rate. |
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| 778.309 | Fixed sum for constant amount of overtime. |
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| 778.310 | Fixed sum for varying amounts of overtime. |
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| 778.311 | Flat rate for special job performed in overtime hours. |
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| 778.312 | Pay for task without regard to actual hours. |
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| 778.313 | Computing overtime pay under the Act for employees compensated on task basis. |
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| 778.314 | Special situations. |
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| 778.315 | Payment for all hours worked in overtime workweek is required. |
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| 778.316 | Agreements or practices in conflict with statutory requirements are ineffective. |
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| 778.317 | Agreements not to pay for certain nonovertime hours. |
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| 778.318 | Productive and nonproductive hours of work. |
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| 778.319 | Paying for but not counting hours worked. |
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| 778.320 | Hours that would not be hours worked if not paid for. |
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| 778.321 | Decrease in hours without decreasing pay--general. |
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| 778.322 | Reducing the fixed workweek for which a salary is paid. |
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| 778.323 | Effect if salary is for variable workweek. |
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| 778.324 | Effect on hourly rate employees. |
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| 778.325 | Effect on salary covering more than 40 hours' pay. |
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| 778.326 | Reduction of regular overtime workweek without reduction of take-home pay. |
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| 778.327 | Temporary or sporadic reduction in schedule. |
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| 778.328 | Plan for gradual permanent reduction in schedule. |
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| 778.329 | Alternating workweeks of different fixed lengths. |
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| 778.330 | Prizes or contest awards generally. |
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| 778.331 | Awards for performance on the job. |
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| 778.332 | Awards for activities not normally part of employee's job. |
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| 778.333 | Suggestion system awards. |
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| 778.400 | The provisions of section 7(g)(3) of the Act. |
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| 778.401 | Regulations issued under section 7(g)(3). |
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| 778.402 | The statutory exception provided by section 7(f) of the Act. |
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| 778.403 | Constant pay for varying workweeks including overtime is not permitted except as specified in section 7(f). |
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| 778.404 | Purposes of exemption. |
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| 778.405 | What types of employees are affected. |
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| 778.406 | Nonovertime hours as well as overtime hours must be irregular if section 7(f) is to apply. |
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| 778.407 | The nature of the section 7(f) contract. |
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| 778.408 | The specified regular rate. |
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| 778.409 | Provision for overtime pay. |
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| 778.410 | The guaranty under section 7(f). |
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| 778.411 | Sixty-hour limit on pay guaranteed by contract. |
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| 778.412 | Relationship between amount guaranteed and range of hours employee may be expected to work. |
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| 778.413 | Guaranty must be based on rates specified in contract. |
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| 778.414 | ``Approval'' of contracts under section 7(f). |
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| 778.415 | The statutory provisions. |
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| 778.416 | Purpose of provisions. |
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| 778.417 | General requirements of section 7(g). |
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| 778.418 | Pieceworkers. |
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| 778.419 | Hourly workers employed at two or more jobs. |
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| 778.420 | Combined hourly rates and piece rates. |
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| 778.421 | Offset hour for hour. |
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| 778.500 | Artificial regular rates. |
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| 778.501 | The ``split-day'' plan. |
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| 778.502 | Artificially labeling part of the regular wages a ``bonus''. |
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| 778.503 | Pseudo ``percentage bonuses.'' |
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| 778.600 | Veterans' subsistence allow- ances. |
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| 778.601 | Special overtime provisions available for hospital and residential care establishments under section 7(j). |
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| 778.602 | Special overtime provisions under section 7(b). |
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| 778.603 | Special overtime provisions for certain employees receiving remedial education under section 7(q). |
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