{"data":{"id":"us/29-cfr-778.313","jurisdiction":"us","citation":"29 CFR 778.313","heading":"Computing overtime pay under the Act for employees compensated on task basis.","body":"(a) An example of the operation of a plan of the second type discussed in § 778.312 may serve to illustrate the effects on statutory overtime computations of payment on a task basis. Assume the following facts: The employment agreement establishes a basic hourly rate of $5 per hour, provides for the payment of $7.50 per hour for overtime work (in excess of the basic workday or workweek) and defines the basic workday as 8 hours, and the basic workweek as 40 hours, Monday through Friday. It further provides that the assembling of a machine constitutes a day's work. An employee who completes the assembling job in less than 8 hours will be paid 8 hours' pay at the established rate of $5 per hour and will receive pay at the “overtime” rate for hours worked after the completion of the task. An employee works the following hours in a particular week:\nM T W T F S S\nHours spent on task 6 7 7 9 81⁄2 6 0\nDay's pay under contract $40 $40 $40 $40 $40 $60 0\nAdditional hours 2 0 2 0 1⁄2 0 0\nAdditional pay under contract $15 0 $15 $7.50 $7.50 0 0\n(b) In the example in paragraph (a) of this section the employee has actually worked a total of 48 hours and is owed under the contract a total of $305 for the week. The only sums which can be excluded as overtime premiums from this total before the regular rate is determined are the extra $2.50 payments for the extra hour on Thursday and Friday made because of work actually in excess of 8 hours. The payment of the other premium rates under the contract is either without regard to whether or not the hours they compensated were in excess of a bona fide daily or weekly standard or without regard to the number of overtime hours worked. Thus only the sum of $5 is excluded from the total. The remaining $300 is divided by 48 hours to determine the regular rate—$6.25 per hour. One-half this rate is due under the Act as extra compensation for each of the 8 overtime hours—$25. The $5 payment under the contract for actual excess hours may be credited and the balance—$20—is owed in addition to the $305 due under the contract.","path":["Title 29—Labor","Subtitle B—Regulations Relating to Labor","CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR","SUBCHAPTER B—STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS","PART 778—OVERTIME COMPENSATION","Subpart D—Special Problems"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-29.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:20Z","sha256":"920bc5ebf9655fd9c5825a297c2ccd77e5ac2f26f7d898f0cfd5b71ad139f65f","source_id":"us-cfr","stale":true,"prev":"us/29-cfr-778.312","next":"us/29-cfr-778.314"},"notice":"GroundRules: Original legal text. Not legal advice."}