[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: 29CFR778.110]

[Page 408]
 
                             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. 778.110  Hourly rate employee.

    (a) Earnings at hourly rate exclusively. If the employee is employed 
solely on the basis of a single hourly rate, the hourly rate is his 
``regular rate.'' For his overtime work he must be paid, in addition to 
his straight time hourly earnings, a sum determined by multiplying one-
half the hourly rate by the number of hours worked in excess of 40 in 
the week. Thus a $6 hourly rate will bring, for an employee who works 46 
hours, a total weekly wage of $294 (46 hours at $6 plus 6 at $3). In 
other words, the employee is entitled to be paid an amount equal to $6 
an hour for 40 hours and $9 an hour for the 6 hours of overtime, or a 
total of $294.
    (b) Hourly rate and bonus. If the employee receives, in addition to 
his earnings at the hourly rate, a production bonus of $9.20, the 
regular hourly rate of pay is $6.20 an hour (46 hours at $6 yields $276; 
the addition of the $9.20 bonus makes a total of $285.20; this total 
divided by 46 hours yields a rate of $6.20). The employee is then 
entitled to be paid a total wage of $303.80 for 46 hours (46 hours at 
$6.20 plus 6 hours at $3.10, or 40 hours at $6.20 plus 6 hours at 
$9.30).

[46 FR 7309, Jan. 23, 1981]