Section 7(e) of the Act requires the inclusion in the regular rate of all remuneration for employment except eight specified types of payments. Among these excludable payments are discretionary bonuses, gifts and payments in the nature of gifts on special occasions, contributions by the employer to certain welfare plans and payments made by the employer pursuant to certain profit-sharing, thrift and savings plans. These are discussed in §§ 778.211 through 778.214. Bonuses which do not qualify for exclusion from the regular rate as one of these types must be totaled in with other earnings to determine the regular rate on which overtime pay must be based. Bonus payments are payments made in addition to the regular earnings of an employee. For a discussion on the bonus form as an evasive bookkeeping device, see §§ 778.502 and 778.503.
[33 FR 986, Jan. 26, 1968, as amended at 76 FR 18858, Apr. 5, 2011]
Notes of Decisions
Schmitt v. State of Kan., 844 F. Supp. 1449 (D. Kan. 1994).
· cites it 3× “75-5541(e) which provides that “[ljongevity pay shall be in addition to any other compensation payable by law_” This language is similar to language found in 29 C.F.R. § 778.208 . In pertinent part, § 778.”
Weninger v. Gen. Mills Operations LLC, 344 F. Supp. 3d 1005 (E.D. Wis. 2018).
“29 C.F.R. § 778.208 . The employer bears the burden of establishing that a payment is *1010 exempt from the regular rate.”
Mendez v. Radec Corp., 232 F.R.D. 78 (W.D.N.Y. 2005).
“See 29 C.F.R. §§ 778.208 , 778.211(b); Local 359 Gary Firefighters, AFL-CIO-CLC v.”
Wills v. Radioshack Corp., 981 F. Supp. 2d 245 (S.D.N.Y. 2013).
“See 29 C.F.R. § 778.208 ("Bonuses which do not qualify for exclusion from the regular rate .”
Featsent v. City of Youngstown, 859 F. Supp. 1134 (N.D. Ohio 1993).
“29 C.F.R. § 778.208 . As previously stated, the items of compensation at issue in the instant case are shift differentials, hazardous duty payments, non-discretionary bonuses and longevity payments.”
Acosta v. Bristol Excavating, Inc., 297 F. Supp. 3d 523 (M.D. Penn. 2017).
“" 29 C.F.R. § 778.208 . The language of the statute and regulations is clear and unambiguous: where no exception applies, bonus payments must be included in the regular rate.”
Lemm v. Ecolab (Cal. Ct. App. 2023).
“” ( 29 C.F.R. § 778.208 .) “Where a bonus payment is considered a part of the regular rate at which an employee is employed, it must be included in computing his regular hourly rate of pay and overtime compensation.”
Woodworth v. Loma Linda Univ. Med. Ctr. (Cal. Ct. App. 2023).
“( 29 C.F.R. § 778.208 (2022).) 104 Woodworth also asserts that virtually all employees received the Christmas bonus every year since 2010, but a bonus qualifies for the special occasion gift exclusion even if is paid “to all employees” and “with regularity so that the employees…”
Smith v. Patel (W.D. Ark. 2021).
“Pursuant to 29 C.F.R. § 778.208 , these credits and discounts should have been totaled in with Plaintiff’s earnings to determine the regular rate on which his overtime pay must be based.”
Barragan v. Home Depot U.S.A., Inc. (S.D. Cal. 2021).
“Whether there is an obligation 21 to include the bonus with other earnings to determine the regular rate depends on whether 22 the bonus can be classified as a “percentage-based bonus” or a “flat sum bonus.” This 23 lawsuit arose because the parties characterize Home Depot’s…”
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