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Content Last Revised: 9/28/67
---DISCLAIMER---

CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 531  

Wage Payments Under the Fair Labor Standards Act of 1938

 

 

 

Subpart C  

Interpretations

29 CFR 531.60 - Overtime payments.

  • Section Number: 531.60
  • Section Name: Overtime payments. 
    (a) When overtime is worked by a tipped employee who is subject to 
the overtime pay provisions of the Act, his regular rate of pay is 
determined by dividing hs total remuneration for employment (except 
statutory exclusions) in any workweek by the total number of hours 
actually worked by him in that workweek for which such compensation was 
paid. (See part 778 of this chapter for a detailed discussion of 
overtime compensation under the Act.) In accordance with section 3(m), a 
tipped employee's regular rate of pay includes the amount of tip credit 
taken by the employer (not in excess of 50 percent of the applicable 
minimum wage), the reasonable cost or fair value of any facilities 
furnished him by the employer, as authorized under section 3(m) and this 
part 531, and the cash wages including commissions and certain bonuses 
paid by the employer. Any tips received by the employee in excess of the 
tip credit need not be included in the regular rate. Such tips are not 
payments made by the employer to the employee as remuneration for 
employment within the meaning of the Act.
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