29 CFR Part 778
PART 778—OVERTIME COMPENSATION
- PART 778—OVERTIME COMPENSATION
- Subtitle B—Regulations Relating to Labor › Chapter V—Wage and Hour Division, Department of Labor › Subchapter B—Statements of General Policy or Interpretation Not Directly Related to Regulations
- Subpart A—General Considerations
- § 778.0 Introductory statement.
- § 778.1 Introductory statement.
- § 778.2 Coverage and exemptions not discussed.
- § 778.3 Interpretations made, continued, and superseded by this part.
- § 778.4 Reliance on interpretations.
- § 778.5 Relation to other laws generally.
- § 778.6 Effect of Davis-Bacon Act.
- § 778.7 Effect of Service Contract Act of 1965.
- Subpart B—The Overtime Pay Requirements
- Introductory
- § 778.100 The maximum-hours provisions.
- § 778.101 Maximum nonovertime hours.
- § 778.102 Application of overtime provisions generally.
- § 778.103 The workweek as the basis for applying section 7(a).
- § 778.104 Each workweek stands alone.
- § 778.105 Determining the workweek.
- § 778.106 Time of payment.
- Principles for Computing Overtime Pay Based on the “Regular Rate”
- § 778.107 General standard for overtime pay.
- § 778.108 The “regular rate”.
- § 778.109 The regular rate is an hourly rate.
- § 778.110 Hourly rate employee.
- § 778.111 Pieceworker.
- § 778.112 Day rates and job rates.
- § 778.113 Salaried employees—general.
- § 778.114 Fluctuating Workweek Method of Computing Overtime.
- § 778.115 Employees working at two or more rates.
- § 778.116 Payments other than cash.
- § 778.117 Commission payments—general.
- § 778.118 Commission paid on a workweek basis.
- § 778.119 Deferred commission payments—general rules.
- § 778.120 Deferred commission payments not identifiable as earned in particular workweeks.
- § 778.121 Commission payments—delayed credits and debits.
- § 778.122 Computation of overtime for commission employees on established basic rate.
- Subpart C—Payments That May Be Excluded From the “Regular Rate”
- The Statutory Provisions
- § 778.200 Provisions governing inclusion, exclusion, and crediting of particular payments.
- Extra Compensation Paid for Overtime
- § 778.201 Overtime premiums—general.
- § 778.202 Premium pay for hours in excess of a daily or weekly standard.
- § 778.203 Premium pay for work on Saturdays, Sundays, and other “special days”.
- § 778.204 “Clock pattern” premium pay.
- § 778.205 Premiums for weekend and holiday work—example.
- § 778.206 Premiums for work outside basic workday or workweek—examples.
- § 778.207 Other types of contract premium pay distinguished.
- Bonuses
- § 778.208 Inclusion and exclusion of bonuses in computing the “regular rate.”
- § 778.209 Method of inclusion of bonus in regular rate.
- § 778.210 Percentage of total earnings as bonus.
- § 778.211 Discretionary bonuses.
- § 778.212 Gifts, Christmas and special occasion bonuses.
- § 778.213 Profit-sharing, thrift, and savings plans.
- § 778.214 Benefit plans; including profit-sharing plans or trusts providing similar benefits.
- § 778.215 Conditions for exclusion of benefit-plan contributions under section 7(e)(4).
- Payments not for Hours Worked
- § 778.216 The provisions of section 7(e)(2) of the Act.
- § 778.217 Reimbursement for expenses.
- § 778.218 Pay for certain idle hours.
- § 778.219 Pay for forgoing holidays and unused leave.
- § 778.220 “Show-up” or “reporting” pay.
- § 778.221 “Call-back” pay.
- § 778.222 Other payments similar to “call-back” pay.
- § 778.223 Pay for non-productive hours distinguished.
- § 778.224 “Other similar payments”.
- Talent Fees in the Radio and Television Industry
- § 778.225 Talent fees excludable under regulations.
- Subpart D—Special Problems
- Introductory
- § 778.300 Scope of subpart.
- Change in the Beginning of the Workweek
- § 778.301 Overlapping when change of workweek is made.
- § 778.302 Computation of overtime due for overlapping workweeks.
- Additional Pay for Past Period
- § 778.303 Retroactive pay increases.
- How Deductions Affect the Regular Rate
- § 778.304 Amounts deducted from cash wages—general.
- § 778.305 Computation where particular types of deductions are made.
- § 778.306 Salary reductions in short workweeks.
- § 778.307 Disciplinary deductions.
- Lump Sum Attributed to Overtime
- § 778.308 The overtime rate is an hourly rate.
- § 778.309 Fixed sum for constant amount of overtime.
- § 778.310 Fixed sum for varying amounts of overtime.
- § 778.311 Flat rate for special job performed in overtime hours.
- “Task” Basis of Payment
- § 778.312 Pay for task without regard to actual hours.
- § 778.313 Computing overtime pay under the Act for employees compensated on task basis.
- § 778.314 Special situations.
- Effect of Failure To Count or Pay for Certain Working Hours
- § 778.315 Payment for all hours worked in overtime workweek is required.
- § 778.316 Agreements or practices in conflict with statutory requirements are ineffective.
- § 778.317 Agreements not to pay for certain nonovertime hours.
- § 778.318 Productive and nonproductive hours of work.
- Effect of Paying for But Not Counting Certain Hours
- § 778.319 Paying for but not counting hours worked.
- § 778.320 Hours that would not be hours worked if not paid for.
- Reduction in Workweek Schedule With No Change in Pay
- § 778.321 Decrease in hours without decreasing pay—general.
- § 778.322 Reducing the fixed workweek for which a salary is paid.
- § 778.323 Effect if salary is for variable workweek.
- § 778.324 Effect on hourly rate employees.
- § 778.325 Effect on salary covering more than 40 hours' pay.
- § 778.326 Reduction of regular overtime workweek without reduction of take-home pay.
- § 778.327 Temporary or sporadic reduction in schedule.
- § 778.328 Plan for gradual permanent reduction in schedule.
- § 778.329 Alternating workweeks of different fixed lengths.
- Prizes as Bonuses
- § 778.330 Prizes or contest awards generally.
- § 778.331 Awards for performance on the job.
- § 778.332 Awards for activities not normally part of employee's job.
- § 778.333 Suggestion system awards.
- Subpart E—Exceptions From the Regular Rate Principles
- Computing Overtime Pay on an “Established” Rate
- § 778.400 The provisions of section 7(g)(3) of the Act.
- § 778.401 Regulations issued under section 7(g)(3).
- Guaranteed Compensation Which Includes Overtime Pay
- § 778.402 The statutory exception provided by section 7(f) of the Act.
- § 778.403 Constant pay for varying workweeks including overtime is not permitted except as specified in section 7(f).
- § 778.404 Purposes of exemption.
- § 778.405 What types of employees are affected.
- § 778.406 Nonovertime hours as well as overtime hours must be irregular if section 7(f) is to apply.
- § 778.407 The nature of the section 7(f) contract.
- § 778.408 The specified regular rate.
- § 778.409 Provision for overtime pay.
- § 778.410 The guaranty under section 7(f).
- § 778.411 Sixty-hour limit on pay guaranteed by contract.
- § 778.412 Relationship between amount guaranteed and range of hours employee may be expected to work.
- § 778.413 Guaranty must be based on rates specified in contract.
- § 778.414 “Approval” of contracts under section 7(f).
- Computing Overtime Pay on the Rate Applicable to the Type of Work Performed in Overtime Hours (Secs. 7(g)(1) and (2))
- § 778.415 The statutory provisions.
- § 778.416 Purpose of provisions.
- § 778.417 General requirements of section 7(g).
- § 778.418 Pieceworkers.
- § 778.419 Hourly workers employed at two or more jobs.
- § 778.420 Combined hourly rates and piece rates.
- § 778.421 Offset hour for hour.
- Subpart F—Pay Plans Which Circumvent the Act
- Devices To Evade the Overtime Requirements
- § 778.500 Artificial regular rates.
- § 778.501 The “split-day” plan.
- Pseudo-Bonuses
- § 778.502 Artificially labeling part of the regular wages a “bonus”.
- § 778.503 Pseudo “percentage bonuses.”
- Subpart G—Miscellaneous
- § 778.600 Veterans' subsistence allowances.
- § 778.601 Special overtime provisions available for hospital and residential care establishments under section 7(j).
- § 778.602 Special overtime provisions under section 7(b).
- § 778.603 Special overtime provisions for certain employees receiving remedial education under section 7(q).
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