29 C.F.R. § 778.315
Payment for all hours worked in overtime workweek is required
In determining the number of hours for which overtime compensation is due, all hours worked (see § 778.223) by an employee for an employer in a particular workweek must be counted. Overtime compensation, at a rate not less than one and one-half times the regular rate of pay, must be paid for each hour worked in the workweek in excess of the applicable maximum hours standard. This extra compensation for the excess hours of overtime work under the Act cannot be said to have been paid to an employee unless all the straight time compensation due him for the nonovertime hours under his contract (express or implied) or under any applicable statute has been paid.
Notes of Decisions
Cited in 36
cases (8 in the last 5 years), 1967–2026 · leading case: Sara Conner v. Cleveland Cnty., NC, 22 F.4th 412 (4th Cir. 2022).
Sara Conner v. Cleveland Cnty., NC, 22 F.4th 412 (4th Cir. 2022). “5 She argues the district court misinterpreted and misapplied (1) Department of Labor official interpretation 29 C.F.R. § 778.315 and (2) this Court’s holding in Monahan.”
Lundy v. Catholic Health Sys. of Long Island Inc., 711 F.3d 106 (2d Cir. 2013). “See 29 C.F.R. §§ 778.315 , .317, .322. “Unlike regulations,” however, “interpretations are not binding and do not have the force of law.”
White v. Davis, 68 P.3d 74 (Cal. 2003). “By contrast, under the applicable federal regulation ( 29 C.F.R. § 778.315 (2002)), whenever a nonexempt employee works overtime, the FLSA requires the employer to pay the employee his or her full regular salary for the employee’s straight time as well as at least one and…”
Collette Davis v. Abington Mem Hosp, 765 F.3d 236 (3rd Cir. 2014). “As an initial matter, we agree with the clear weight of authority and hold that pure gap time claims — straight time wages for unpaid work during pay periods without overtime — are not cognizable under the FLSA, which requires payment of minimum wages and overtime wages only.…”
Conzo v. City of New York, 667 F. Supp. 2d 279 (S.D.N.Y. 2009). “The Fourth Circuit’s decision is consistent with the Department of Labor’s (“DOL’s”) interpretations, 29 C.F.R. §§ 778.315 , 778.317 and 29 C.F.”
Bobbi-Jo Smiley v. EI DuPont de Nemours & Co, 839 F.3d 325 (3rd Cir. 2016). “” 29 C.F.R. § 778.315 . In general, “hours worked” includes time when an employee is required to be on duty, but it is not limited to “active productive labor” and may include circumstances that are not productive work time.”
Michael Ballaris v. Wacker Siltronic Corp., a Foreign Corp., 370 F.3d 901 (9th Cir. 2004). “”); 29 C.F.R. § 778.315 (“In determining the number of hours for which overtime compensation is due, all hours worked .”
White v. MPW Indus. Servs., Inc., 236 F.R.D. 363 (E.D. Tenn. 2006). “29 C.F.R. § 778.315 further provides that employees must be paid straight time compensation for non-overtime hours worked during a workweek and time- and-a-half for overtime hours worked during a workweek.”
Valcho v. Dallas Cnty. Hosp. Dist., 658 F. Supp. 2d 802 (N.D. Tex. 2009). “” 29 C.F.R. § 778.315 . In other words, if an employee is not paid for all of her straight-time hours during weeks in which she has worked overtime, she has not been paid proper overtime compensation, and § 207 of the FLSA is implicated.”
Monahan v. Cnty. of Chesterfield, 95 F.3d 1263 (4th Cir. 1996). “The court stated: “In these two regulations, the Administrator explains that an employer has not paid overtime in accordance with FLSA unless the employer has paid the employee at her regular rate for all straight time worked in that period.”
Schmitt v. State of Kan., 844 F. Supp. 1449 (D. Kan. 1994). “Plaintiffs cite to several DOL regulations which clearly support their argument: 29 C.F.R. §§ 778.315 and 317. 12 In these two regulations, the Administrator explains that an employer has not paid overtime in accordance with FLSA unless the employer has paid the employee at her…”
Gilb v. Chiang, 16 Wage & Hour Cas.2d (BNA) 616 (Cal. Ct. App. 2010). “) 5 Full payment is required for overtime workers ( 29 C.F.R. § 778.315 (2009)) because otherwise an employer could effectively eliminate the premium paid for overtime by reducing straight time wages.”
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