29 C.F.R. § 4.180

Overtime pay—in general

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The Act does not provide for compensation of covered employees at premium rates for overtime hours of work. Section 6 recognizes, however, that other Federal laws may require such compensation to be paid to employees working on or in connection with contracts subject to the Act (see § 4.181) and prescribes, for purposes of such laws, the manner in which fringe benefits furnished pursuant to the Act shall be treated in computing such overtime compensation as follows: “In determining any overtime pay to which such service employees are entitled under any Federal law, the regular or basic hourly rate of such an employee shall not include any fringe benefit payments computed hereunder which are excluded from the regular rate under the Fair Labor Standards Act by provisions of section 7(d) [now section 7(e)] thereof.” Fringe benefit payments which qualify for such exclusion are described in part 778, subpart C of this title. The interpretations there set forth will be applied in determining the overtime pay to which covered service employees are entitled under other Federal statutes. The effect of section 6 of the Act in situations where equivalent fringe benefits or cash payments are provided in lieu of the specified fringe benefits is stated in § 4.177(e) of this part, and illustrated in § 4.182.

Notes of Decisions
Cited in 3 cases, 1998–2018 · leading case: Koren v. Martin Marietta Servs., Inc., 997 F. Supp. 196 (D.P.R. 1998).
Koren v. Martin Marietta Servs., Inc., 997 F. Supp. 196 (D.P.R. 1998). · cites it 2× “The wage rates are determined by the Secretary of Labor, and any contract governed by the SCA must contain “a provision specifying the minimum monetary wages to be paid the various classes of service employees.”
Naranjo v. Spectrum Sec. Servs., Inc., 172 Cal. App. 4th 654 (Cal. Ct. App. 2009). “( 29 C.F.R. § 4.180 (2008).) Pursuant to the SCA and its regulations, the Secretary issues determinations—usually denominated simply “wage determinations”—for localities, which encompass wages and fringe benefits for different categories of service employees.”
Centerra Grp., LLC f/k/a The Wackenhut Servs., Inc. (A.S.B.C.A. 2018). · cites it 4× “at 2 (citing 29 C.F.R. § 4.180 )). Therefore, pursuant to FAR 52.”
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