§ 778.205. Premiums for weekend and holiday work---example.
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/us/cfr/t29/s§ 778.205·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The application of section 7(e)(6) of the Act may be illustrated by the following example: Suppose, based on a written or unwritten employment contract, agreement, understanding, handbook, policy, or practice, an employee earns \$18 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 \$12 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 \$768 to which the employee is entitled will satisfy the requirements of the Act since the employer may properly exclude from the regular rate the extra \$48 paid for work on Sunday and the extra \$48 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. \[84 FR 68771, Dec. 16, 2019\]