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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 778  

Overtime Compensation

 

 

 

Subpart E  

Exceptions From the Regular Rate Principles

29 CFR 778.410 - The guaranty under section 7(f).

  • Section Number: 778.410
  • Section Name: The guaranty under section 7(f). 
    (a) The statute provides that the guaranty must be a weekly 
guaranty. A guaranty of monthly, semimonthly, or biweekly pay (which 
would allow averaging wages over more than one workweek) does not 
qualify under this paragraph. Obviously guarantees for periods less than 
a workweek do not qualify. Whatever sum is guaranteed must be paid in 
full in all workweeks, however short in which the employee performs any 
amount of work for the employer. The amount of the guaranty may not be 
subject to proration or deduction in short weeks.
    (b) The contract must provide a guaranty of pay. The amount must be 
specified. A mere guaranty to provide work for a particular number of 
hours does not qualify under this section.
    (c) The pay guaranteed must be ``for not more than 60 hours based on 
the rate so specified.''
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