[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: 29CFR778.118]

[Page 411]
 
                             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. 778.118  Commission paid on a workweek basis.

    When the commission is paid on a weekly basis, it is added to the 
employee's other earnings for that workweek (except overtime premiums 
and other payments excluded as provided in section 7(e) of the Act), and 
the total is divided by the total number of hours worked in the workweek 
to obtain the employee's regular hourly rate for the particular 
workweek. The employee must then be paid extra compensation at one-half 
of that rate for each hour worked in excess of the applicable maximum 
hours standard.