C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER B—STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS › PART 778—OVERTIME COMPENSATION › Subpart B—The Overtime Pay Requirements

29 C.F.R. § 778.115

Employees working at two or more rates

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Where an employee in a single workweek works at two or more different types of work for which different nonovertime rates of pay (of not less than the applicable minimum wage) have been established, his regular rate for that week is the weighted average of such rates. That is, his total earnings (except statutory exclusions) are computed to include his compensation during the workweek from all such rates, and are then divided by the total number of hours worked at all jobs. Certain statutory exceptions permitting alternative methods of computing overtime pay in such cases are discussed in §§ 778.400 and 778.415 through 778.421.

Notes of Decisions
Cited in 32 cases (13 in the last 5 years), 1971–2026 · leading case: Allen v. Board of Public Educ. for Bibb County
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Allen v. Board of Public Educ. for Bibb County (2007) ca11 · cites it 4× “§ 207 (g) 1 and 29 C.F.R. § 778.115 for the proposition that the use of a blended rate is improper because different rates of pay and the resulting blended overtime rate are only permitted if the employee is engaged in two or more different types of work.”
Janes v. Otis Engineering Corp. (1988) alaska · cites it 11× “100(b) to require that the computation of the regular hourly rate for individuals in dual hourly rate programs, for purposes of determining overtime pay, be calculated by applying the provisions of 29 C.F.R. § 778.115 . Following oral argument, the trial court granted Otis’…”
Alvarado v. Dart Container Corp. of California (2018) cal “49-10 [setting forth the DLSE's "Weighted Average Method" for calculating regular rate of pay when worker has varying pay rates]; 29 C.F.R. § 778.115 (2008) [setting forth the federal "weighted average" policy].”
William Hornady v. Outokumpu Stainless USA, LLC (2024) ca11 “See 29 C.F.R. § 778.115 . Outokumpu’s records were similarly indispensable to evaluating the merits of the plaintiffs’ challenge to the rounding policy.”
Yu G. Ke v. Saigon Grill, Inc. (2008) nysd “The overtime owed was calculated based on allocation of the number of hours worked beyond 40 hours on a pro rata basis between the two jobs, pursuant to 29 C.F.R. § 778.115 .”
Lahr Mechanical v. Workers' Compensation Appeal Board (2007) pacommwct “Specifically, 29 C.F.R. § 778.115 , relating to Overtime Pay Requirements, provides: Where an employee in a single workweek works at two or more different types of work for which different nonovertime rates of pay (of not less than the applicable minimum wage) have been…”
Alston v. DIRECTV, Inc. (2017) scd “318 (b); see also 29 C.F.R. § 778.115 (describing weighted average calculation).”
Pietrzycki v. Heights Tower Serv., Inc. (2017) illinoised “See 29 C.F.R. § 778.115 . Therefore, because of the uncertainty regarding Plaintiffs' hours worked and the uncertainty about how the exclusion of Drive Time from hours worked would affect the amount, if any, of overtime compensation due to them, Plaintiffs are not entitled to…”
Carmack v. Park Cities Healthcare, LLC (2018) txnd “29 C.F.R. § 778.115 . Plaintiffs have calculated their regular rate of pay based on pay records *700 produced by defendants for purposes of this lawsuit.”
Ford v. Houston Independent School District (2015) txsd · cites it 2× “HISD insists that the FLSA does not bar an employer from paying an employee different rates of pay and that the occasional or sporadic exclusion removes Plaintiffs’ stadium work from the competition of overtime so that the weighted average does not apply.”
Gorman v. Consolidated Edison Corp. (2007) ca2 “29 C.F.R. § 778.115 . 11 Finally, plaintiffs’ argument under the CBA succumbs to the rule that “the regular rate of pay cannot be left to a declaration by the parties as to what is to be treated as the regular rate for an employee!,• ] it must be drawn from what happens under…”
Parth v. Pomona Valley Hospital Medical Center (2010) ca9 “Their overtime wages are calculated according to the standards set forth in 29 C.F.R. § 778.115 and the CBA, (a regular rate for the first eight hours, time and a half for the next four hours, and double pay for any additional hours for which the nurse volunteers).”
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