There is no requirement in the Act that overtime compensation be paid weekly. The general rule is that overtime compensation earned in a particular workweek must be paid on the regular pay day for the period in which such workweek ends. When the correct amount of overtime compensation cannot be determined until some time after the regular pay period, however, the requirements of the Act will be satisfied if the employer pays the excess overtime compensation as soon after the regular pay period as is practicable. Payment may not be delayed for a period longer than is reasonably necessary for the employer to compute and arrange for payment of the amount due and in no event may payment be delayed beyond the next payday after such computation can be made. Where retroactive wage increases are made, retroactive overtime compensation is due at the time the increase is paid, as discussed in § 778.303. For a discussion of overtime payments due because of increases by way of bonuses, see § 778.209.
Notes of Decisions
Martin v. United States, 130 Fed. Cl. 578 (Fed. Cl. 2017).
· cites it 3× “Because plaintiffs alleged that defendant failed to pay wages in accordance with this rule, their claims survived defendant’s motion to dismiss. See ECF No. 38 at 13.”
Lynch v. City of N.Y., 291 F. Supp. 3d 537 (S.D. Ill. 2018).
· cites it 2× “§ 207 ( o )(1) ; and 3) payment of overtime *547 compensation under the FLSA "may not be delayed for a period longer than is reasonably necessary for the employer to compute and arrange for payment of the amount due and in no event may payment be delayed beyond the next payday…”
Champagne v. Thurston Cnty., 163 Wash. 2d 69 (Wash. 2008).
· cites it 2× “1993), which held that delayed payment of regular wages violated the FLSA) (citing 29 C.F.R. § 778.106 ). Thus, Champagne’s reliance upon federal law construing the FLSA is misplaced.”
Martin v. United States, 117 Fed. Cl. 611 (Fed. Cl. 2014).
· cites it 3× “” 29 C.F.R. § 778.106 . While this guidance would clearly support plaintiffs’ position that an FLSA overtime violation occurs at the time of a missed payday, defendant argues that the regulation actually supports its position that the FLSA provides “considerable flexibility,”…”
Champagne v. Thurston Cnty., 178 P.3d 936 (Wash. 2008).
· cites it 2× “1993), which held that delayed payment of regular wages violated the FLSA) (citing 29 C.F.R. § 778.106 ). Thus, Champagne's reliance upon federal law construing the FLSA is misplaced.”
Cahill v. City of New Brunswick, 99 F. Supp. 2d 464 (D.N.J. 2000).
· cites it 7× “29 C.F.R. § 778.106 . This court recently had occasion, to apply the DOL bulletin in Brooks v.”
Singer v. City of Waco, Texas, 324 F.3d 813 (5th Cir. 2003).
“” 29 C.F.R. § 778.106 . The provision makes clear that the payment of overtime compensation may be delayed only for a period that is “reasonably necessary for the employer to compute and arrange for payment[.”
Mendez v. U.S. Nonwovens Corp., 2 F. Supp. 3d 442 (E.D.N.Y 2014).
· cites it 2× “, and 29 C.F.R. § 778.106 , alleging that the Defendants failed to pay the Plaintiffs overtime compensation in a timely manner; (3) renumber the first through fifth causes of action as the second through sixth causes of action; (4) add a Fed.”
White v. Davis, 68 P.3d 74 (Cal. 2003).
“the requirements of the Act will be satisfied if the employer pays the excess overtime compensation as soon after the regular pay period as is practicable.”
O'Brien v. Town of Agawam, 350 F.3d 279 (1st Cir. 2003).
“There is no requirement in the FLSA that overtime compensation be paid weekly, see 29 C.F.R. § 778.106 , and in some circumstances a CBA may provide for a different rule, see Interstate Brands, 57 F.”
Urnikis-Negro v. Am. Fam. Prop. Servs., 616 F.3d 665 (7th Cir. 2010).
“The rule expressly requires both “a clear mutual understanding [between] the parties that the fixed salary is compensation (apart from overtime premiums) for the hours worked each workweek, whatever their number” and that the employee “receive [ ] extra compensation, in addition…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.