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Interpretations made, continued, and superseded by this part.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). |