29 C.F.R. § 778.309
Fixed sum for constant amount of overtime
Where an employee works a regular fixed number of hours in excess of the statutory maximum each workweek, it is, of course, proper to pay him, in addition to his compensation for nonovertime hours, a fixed sum in any such week for his overtime work, determined by multiplying his overtime rate by the number of overtime hours regularly worked.
Notes of Decisions
Cited in 9
cases (2 in the last 5 years), 1996–2022 · leading case: U.S. Dep't of Labor v. Fire & Saf. Investigation Consulting Servs., LLC, 915 F.3d 277 (4th Cir. 2019).
U.S. Dep't of Labor v. Fire & Saf. Investigation Consulting Servs., LLC, 915 F.3d 277 (4th Cir. 2019). “37/hour (his overtime rate of $ 23.58 x 1.5). 80 non-overtime hours x $ 23.”
Parrish v. Premier Directional Drilling, L.P., 280 F. Supp. 3d 954 (W.D. Tex. 2017). “However, 29 C.F.R. § 778.309 provides that if an “employee works a regular' fixed number of hours in excess of the statutory maximum each work week, it is, of course, proper to pay him, in addition to his compensation for non-overtime hours, a fixed sum in any" such week for his…”
Hickman v. TL Transp., LLC, 318 F. Supp. 3d 718 (E.D. Pa. 2018). “" 29 C.F.R. § 778.309 . A different rule applies when the number of overtime hours is not fixed.”
Scalia v. Saline Cnty. Ambulance Serv., Inc. (S.D. Ill. 2022). “For the reasons discussed below, neither 29 C.F.R. § 778.309 , Colyer’s testimony, nor Colyer’s efforts establish good faith or show a reasonable belief when considering the prior FLSA investigation involving Defendants’ failure to pay employees overtime.”
Martin J. Walsh v. KDE Equine, LLC (6th Cir. 2022). “1 KDE’s first theory is that its payment scheme provided a premium for a fixed number of overtime hours under 29 C.F.R. § 778.309 . A DOL regulation interpreting § 207 states, in relevant part: Where an employee works a regular fixed number of hours in excess of the statutory…”
Perez v. KDE Equine, LLC (W.D. Ky. 2020). “The Court then explained why Defendants failed to pay overtime under 29 C.F.R. § 778.309 (“Fixed sum for constant amount of overtime”): “[a] salary that supposedly includes overtime pay but does not vary with actual hours worked cannot include ‘overtime’ as the Act defines it.”
United States Dep't of Labor v. Fire & Saf. Investigation Consulting Servs., LLC (N.D.W. Va. 2018). “29 C.F.R. § 778.309 ; see also Smith v. Ass’n of Maryland Pilots, 89 F.”
Hughes v. City of Stockton, 252 F. App'x 809 (9th Cir. 2007). “Storm), Fire Telecommunicators (Ms. Hughes and Ms.”
Smith v. Assn of MD Pilots (4th Cir. 1996). “See 29 C.F.R. § 778.309 (1995). Although the 1991-1994 agreement did not expressly so state, the Association noted that the current collective bargaining agreement, covering 1994-1997, provides that "the monthly wage rates .”
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