[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR778.201]

[Page 369]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 778_OVERTIME COMPENSATION--Table of Contents
 
    Subpart C_Payments That May Be Excluded From the ``Regular Rate''
 
Sec. 778.201  Overtime premiums--general.

    (a) Certain premium payments made by employers for work in excess of 
or outside of specified daily or weekly standard work periods or on 
certain special days are regarded as overtime premiums. In such case, 
the extra compensation provided by the premium rates need not be 
included in the employee's regular rate of pay for the purpose of 
computing overtime compensation due under section 7(a) of the Act. 
Moreover, under section 7(h) this extra compensation may be credited 
toward the overtime payments required by the Act.
    (b) The three types of extra premium payments which may thus be 
treated as overtime premiums for purposes of the Act are outlined in 
section 7(e) (5), (6), and (7) of the Act as set forth in Sec. 
778.200(a). These are discussed in detail in the sections following.
    (c) Section 7(h) of the Act specifically states that the extra 
compensation provided by these three types of payments may be credited 
toward overtime compensation due under section 7(a) for work in excess 
of the applicable maximum hours standard. No other types of remuneration 
for employment may be so credited.