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FEDERAL · 29 CFR

Part 778 — Overtime Compensation

121 sections · Title 29: Labor

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§ 778.3Interpretations made, continued, and superseded by this part.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