(a) Certain premium payments made by employers for work in excess of or outside of specified daily or weekly standard work periods or on certain special days are regarded as overtime premiums. In such case, the extra compensation provided by the premium rates need not be included in the employee's regular rate of pay for the purpose of computing overtime compensation due under section 7(a) of the Act. Moreover, under section 7(h) this extra compensation may be credited toward the overtime payments required by the Act.
(b) The three types of extra premium payments which may thus be treated as overtime premiums for purposes of the Act are outlined in section 7(e) (5), (6), and (7) of the Act as set forth in § 778.200(a). These are discussed in detail in the sections following.
(c) Section 7(h) of the Act specifically states that the extra compensation provided by these three types of payments may be credited toward overtime compensation due under section 7(a) for work in excess of the applicable maximum hours standard. No other types of remuneration for employment may be so credited.
Notes of Decisions
Bobbi-Jo Smiley v. EI DuPont de Nemours & Co, 839 F.3d 325 (3rd Cir. 2016).
“” See 29 C.F.R. § 778.201 (c). IV. Nothing in the FLSA authorizes the type of offsetting DuPont advances here, where an employer seeks to credit compensation that it included in calculating an employee’s regular rate of pay against its overtime liability.”
Garcia v. Tyson Foods, Inc., 890 F. Supp. 2d 1273 (D. Kan. 2012).
· cites it 2× “See 29 C.F.R. § 778.201 (c). This section provides: “Section 7(h) [§ 207(h) ] of the Act specifically states that the extra compensation provided by these three types of payments may be credited toward overtime compensation due under section 7(a) for work in excess of the…”
Johnson v. D.M. Rothman Co., 861 F. Supp. 2d 326 (S.D.N.Y. 2012).
“207(e)(5) (credit allowed for "extra compensation provided by a premium rate for hours worked in excess of an employee’s regular working hours”); 29 C.F.R. 778.201(a) ("Certain premium payments made by employers for work in excess of or outside of specified daily or weekly…”
Rudy v. City of Lowell, 777 F. Supp. 2d 255 (D. Mass. 2011).
“3d at 289 (citing 29 C.F.R. §§ 778.201 (a), 202(a)) (emphasis added).”
Caraballo v. City of Chicago, 969 F. Supp. 2d 1008 (N.D. Ill. 2013).
“The Department of Labor (“DOL”) has published an interpretative bulletin regarding FLSA’s overtime requirements and Section 207(e)’s exceptions, found at 29 C.F.R. § 778.201 et seq. Although interpretative regulations do not have the force of binding law, courts may rely on them…”
McLean v. Garage Mgmt. Corp., 819 F. Supp. 2d 332 (S.D.N.Y. 2011).
“207 (a); 29 C.F.R. §§ 778.201 through 778.206. Tellingly, GMC does not identify which exclusion it believes applies to the EC Bonuses.”
Jones v. C & D Tech., Inc., 8 F. Supp. 3d 1054 (S.D. Ind. 2014).
“See also 29 C.F.R. § 778.201 (c) (“Section 7(h) of the [FLSA] specifically states that the extra compensation provided by these three types of [premium] payments may be credited toward overtime compensation due under section 7(a) for work in excess of the applicable maximum…”
Weil v. Metal Techs., Inc., 305 F. Supp. 3d 948 (S.D. Ind. 2018).
“§ 207 (e)(5), (6) ; see also 29 C.F.R. § 778.201 (c) ("Section 7(h) of the [FLSA] specifically states that the extra compensation provided by these three types of [premium] payments may be credited toward overtime compensation due under section 7(a) for work in excess of the…”
— 29 C.F.R. § 778.201(a) — 1 case
Johnson v. D.M. Rothman Co., 861 F. Supp. 2d 326 (S.D.N.Y. 2012).
“207(e)(5) (credit allowed for "extra compensation provided by a premium rate for hours worked in excess of an employee’s regular working hours”); 29 C.F.R. 778.201(a) ("Certain premium payments made by employers for work in excess of or outside of specified daily or weekly…”
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