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Part 778
FEDERAL · 29 CFR
Part 778 — Overtime Compensation
121 sections · Title 29: Labor
§ 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Interpretations made, continued, and superseded by this part.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.
§ 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.
§ 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.
§ 778.200
Provisions governing inclusion, exclusion, and crediting of particular payments.
§ 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.
§ 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).
§ 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”.
§ 778.225
Talent fees excludable under regulations.
§ 778.300
Scope of subpart.
§ 778.301
Overlapping when change of workweek is made.
§ 778.302
Computation of overtime due for overlapping workweeks.
§ 778.303
Retroactive pay increases.
§ 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.
§ 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.
§ 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.
§ 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.
§ 778.319
Paying for but not counting hours worked.
§ 778.320
Hours that would not be hours worked if not paid for.
§ 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.
§ 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.
§ 778.400
The provisions of section 7(g)(3) of the Act.
§ 778.401
Regulations issued under section 7(g)(3).
§ 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).
§ 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.
§ 778.500
Artificial regular rates.
§ 778.501
The “split-day” plan.
§ 778.502
Artificially labeling part of the regular wages a “bonus”.
§ 778.503
Pseudo “percentage bonuses.”
§ 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).