[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: 29CFR778.205]

[Page 372]
 
                             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. 778.205  Premiums for weekend and holiday work--example.

    The application of section 7(e)(6) may be illustrated by the 
following example: Suppose an agreement of employment calls for the 
payment of $7.50 an hour for all hours worked on a holiday or on Sunday 
in the operation of machines by operators whose maximum hours standard 
is 40 hours and who are paid a bona fide hourly rate of $5 for like work 
performed during nonovertime hours on other days. Suppose further that 
the workweek of such an employee begins at 12:01 a.m. Sunday, and in a 
particular week he works a schedule of 8 hours on Sunday and on each day 
from Monday through Saturday, making a total of 56 hours worked in the 
workweek. Tuesday is a holiday. The payment of $320 to which the 
employee is entitled under the employment agreement will satisfy the 
requirements of the Act since the employer may properly exclude from the 
regular rate the extra $20 paid for work on Sunday and the extra $20 
paid for holiday work and credit himself with such amount against the 
statutory overtime premium required to be paid for the 16 hours worked 
over 40.

[46 FR 7311, Jan. 23, 1981]