[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR778.107]

[Page 407]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 778_OVERTIME COMPENSATION--Table of Contents
 
                 Subpart B_The Overtime Pay Requirements
 
Sec. 778.107  General standard for overtime pay.

    The general overtime pay standard in section 7(a) requires that 
overtime must be compensated at a rate not less than one and one-half 
times the regular rate at which the employee is actually employed. The 
regular rate of pay at which the employee is employed may in no event be 
less than the statutory minimum. (The statutory minimum is the specified 
minimum wage applicable under section 6 of the Act, except in the case 
of workers specially provided for in section 14 and workers in Puerto 
Rico, the Virgin Islands, and American Samoa who are covered by wage 
orders issued pursuant to section 8 of the Act.) If the employee's 
regular rate of pay is higher than the statutory minimum, his overtime 
compensation must be computed at a rate not less than one and one-half 
times such higher rate. Under certain conditions prescribed in section 7 
(f), (g), and (j), the Act provides limited exceptions to the 
application of the general standard of section 7(a) for computing 
overtime pay based on the regular rate. With respect to these, see 
Sec. Sec. 778.400 through 778.421 and 778.601 and part 548 of this 
chapter. The Act also provides, in section 7(b), (i), (k) and (m) and in 
section 13, certain partial and total exemptions from the application of 
section 7(a) to certain employees and under certain conditions. 
Regulations and interpretations concerning these exemptions are outside 
the scope of this part 778 and reference should be made to other 
applicable parts of this chapter.

[46 FR 7309, Jan. 23, 1981]