29 C.F.R. § 778.415

The statutory provisions

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Sections 7(g) (1) and (2) of the Act provide:

(g) No employer shall be deemed to have violated subsection (a) by employing any employee for a workweek in excess of the maximum workweek applicable to such employee under such subsection if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, the amount paid to the employee for the number of hours worked by him in such workweek in excess of the maximum workweek applicable to such employee under such subsection:

(1) In the case of an employee employed at piece rates, is computed at piece rates not less than one and one-half times the bona fide piece rates applicable to the same work when performed during nonovertime hours; or

(2) In the case of an employee performing two or more kinds of work for which different hourly or piece rates have been established, is computed at rates not less than one and one-half times such bona fide rates applicable to the same work when performed during nonovertime hours;

and if (i) the employee's average hourly earnings for the workweek exclusive of payments described in paragraphs (1) through (7) of subsection (e) are not less than the minimum hourly rate required by applicable law, and (ii) extra overtime compensation is properly computed and paid on other forms of additional pay required to be included in computing the regular rate.

Notes of Decisions

Cited in 2 cases, 1999–2015 · leading case: Ford v. Houston Indep. Sch. Dist., 97 F. Supp. 3d 866 (S.D. Tex. 2015).

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Ford v. Houston Indep. Sch. Dist., 97 F. Supp. 3d 866 (S.D. Tex. 2015). “See 29 C.F.R. §§ 778.415 -.421 and 29 U.S.C. § 207 (g)(2).”

Mathias v. Addison Fire Prot. Dist. No. 1, 43 F. Supp. 2d 916 (N.D. Ill. 1999). “Establishment of a Bona Fide Hourly Rate for Different Kinds of Work Plaintiffs contend that the District has failed to establish a bona fide hourly rate for fire inspection services because fire inspection duties are performed only during overtime hours. The FLSA provides that…”

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