29 C.F.R. § 778.403

Constant pay for varying workweeks including overtime is not permitted except as specified in section 7(f)

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

Section 7(f) is the only provision of the Act which allows an employer to pay the same total compensation each week to an employee who works overtime and whose hours of work vary from week to week. (See in this connection the discussion in §§ 778.207, 778.321-778.329, and 778.308-778.315.) Unless the pay arrangements in a particular situation meet the requirements of section 7(f) as set forth, all the compensation received by the employee under a guaranteed pay plan is included in his regular rate and no part of such guaranteed pay may be credited toward overtime compensation due under the Act. Section 7(f) is an exemption from the overtime provisions of the Act. No employer will be exempt from the duty of computing overtime compensation for an employee under section 7(a) unless the employee is paid pursuant to a plan which actually meets all the requirements of the exemption. These requirements will be discussed separately in the ensuing sections.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1978–2022 · leading case: Martin v. David T. Saunders Const. Co., Inc., 813 F. Supp. 893 (D. Mass. 1992).

Sort: Relevance Newest Treatment

Martin v. David T. Saunders Const. Co., Inc., 813 F. Supp. 893 (D. Mass. 1992). · cites it 4× “Section [207(f)] is an exemption from the overtime provisions of the Act. No employer will be exempt from the duty of computing overtime compensation for an employee under [§ 207(a)] unless the employee is paid pursuant to a plan which actually meets all the requirements of the…”

Raymond J. Donovan, Sec'y of Labor, United States Dep't of Labor v. Brown Equip. & Serv. Tools, Inc., 666 F.2d 148 (5th Cir. 1982). “” Interpretative Bulletin, 29 C.F.R. § 778.403 (1980). Moreover, the issuance of the injunction against withholding back pay is indispensable to its restitution in these cases, for once the Secretary has sought such an injunction, the employees’ right to sue for wages due is…”

Richardson v. United States, 577 F.2d 447 (8th Cir. 1978). · cites it 3× “The Secretary’s Interpretative Bulletin, 29 C.F.R. § 778.403 , clearly states that only by compliance with § 7(f) may an employer have part of an employee’s guaranteed weekly compensation credited toward overtime compensation.”

Mills v. State of Maine, 853 F. Supp. 551 (D. Me. 1994). “See 29 C.F.R. § 778.403 ; Martin v. David T. Saunders Constr.”

Donovan v. McKissick Prods. Co., 719 F.2d 350 (10th Cir. 1983). “29 CFR § 778.403 implements Section 7(f) of the Act, and provides as follows: § 778.”

Masters v. City of Huntington, 800 F. Supp. 355 (S.D.W. Va 1992). “29 C.F.R. § 778.403 . 13 *360 Defendant has argued that its method of payment, involving equal biweekly paychecks for weeks of work alternating between forty-eight and seventy-two hours, conforms to the requirements of this section.”

Scalia v. Saline Cnty. Ambulance Serv., Inc. (S.D. Ill. 2022). “” 29 C.F.R. § 778.403 . For Section 7(f) to apply, “such employee is employed pursuant to a bona fide individual contract, or pursuant to an agreement made as a result of collective bargaining by representatives of employees, if the duties of such employee necessitate irregular…”

Perez v. KDE Equine, LLC (W.D. Ky. 2020). “310); see also 29 C.F.R. § 778.403 . . . Instead, the alleged overtime is included in the regular rate as straight-time pay, and does not count toward the overtime premium due the employee for hours worked past 40.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.