Part 778 — Overtime Compensation
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- § 778.3— Interpretations made, continued, and superseded by this part.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
- § 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.
Subpart C — Payments That May Be Excluded From the “Regular 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.
Subpart D — Special Problems
- § 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.
Subpart E — Exceptions From the Regular Rate Principles
- § 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.
Subpart F — Pay Plans Which Circumvent the Act
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).