29 C.F.R. § 553.233
“Regular rate” defined
The rules for computing an employee's “regular rate”, for purposes of the Act's overtime pay requirements, are set forth in part 778 of this title. These rules are applicable to employees for whom the section 7(k) exemption is claimed when overtime compensation is provided in cash wages. However, wherever the word “workweek” is used in part 778, the words “work period” should be substituted.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1991–2021 · leading case: Singer v. City of Waco, Texas, 324 F.3d 813 (5th Cir. 2003).
Singer v. City of Waco, Texas, 324 F.3d 813 (5th Cir. 2003). “” 29 C.F.R. § 553.233 . 4 . The fire fighters contend that the district court erred by using the "fluctuating method” to calculate their overtime compensation.”
Heder v. City of Two Rivers, 149 F. Supp. 2d 677 (E.D. Wis. 2001). “29 C.F.R. § 553.233 . Thus, it makes no difference whether the parties expected plaintiffs hours per week to fluctuate.”
Isaac Lee, Cross-Appellees v. Coahoma Cnty., Mississippi, Cross-Appellants, 937 F.2d 220 (5th Cir. 1991). “29 C.F.R. § 553.233 . The district court’s opinion makes no finding about the appropriate *225 work period in this case.”
Isaac Lee, Cross-Appellees v. Coahoma Cnty., Mississippi, Cross-Appellants, 986 F.2d 100 (5th Cir. 1993). “233 , so that the footnote will read as follows: In determining each deputy’s hourly wage in a given work period, the district court should multiply the deputy’s monthly salary by twelve to get a yearly salary, including a two week paid vacation to which each deputy is entitled.”
City of Sacramento v. Pub. Employees Ret. Sys., 91 Cal. Daily Op. Serv. 3404 (Cal. Ct. App. 1991). “( 29 C.F.R. § 553.233 .) 9 The trial court concluded that the FLSA premium was “expressly excluded from the PERS compensation base under the definition of ‘overtime’ in Government] Code [section] 20025.”
Scott v. City of New York, 592 F. Supp. 2d 475 (S.D.N.Y. 2008). “See 29 C.F.R. § 553.233 . 60 . 29 C.F.R. § 778.”
Robert R. York v. City of Wichita Falls, Tx., Michael J. Herbert v. City of Wichita Falls, Tx., 48 F.3d 919 (5th Cir. 1995). “in step 4 was then divided into the fire fighter’s annual salaries to obtain the artificial rate.”
Rotondo v. City of Georgetown, SC, 869 F. Supp. 369 (D.S.C. 1994). “See 29 C.F.R. §§ 553.233 (d), 785.19, 785.22.”
Abbey v. City of Jackson, 883 F. Supp. 181 (E.D. Mich. 1995). “29 C.F.R. § 553.233 provides that the rules set forth in 29 C.”
Monahan v. Cnty. of Chesterfield, 95 F.3d 1263 (4th Cir. 1996). “See 29 C.F.R. § 553.233 . 19 . In their Brief, even Appellees recognize there was no fixed schedule and state that the "individual officers’ actual work hours often vary above the scheduled hours.”
Schmitt v. State of Kan., 864 F. Supp. 1051 (D. Kan. 1994). “322 provides as follows: If an employee whose maximum hours standard is 40 hours was hired at a salary of $200 for a fixed workweek of 40 hours, his regular rate at the time of hiring was $5 per hour.”
Nolan v. City of Chicago, 162 F. Supp. 2d 999 (N.D. Ill. 2001). “29 C.F.R. § 553.233 . Thus, under § 778.106, when the amount of the FLSA overtime payment cannot be made at the time of the regularly scheduled payday, payments are to be made as soon as is practicable thereafter.”
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