(a) Under section 7(g)(2) an employee who performs two or more
different kinds of work, for which different
straight time hourly rates are established, may agree with his employer
in advance of the performance of the work that he will be paid during
overtime hours at a rate not less than one and one-half times the hourly
nonovertime rate established for the type of work he is performing
during such overtime hours. No additional overtime pay will be due under
the act provided that the general requirements set forth in Sec. 778.417
are met and;
(1) The hourly rate upon which the overtime rate is based in a bona
fide rate;
(2) The overtime hours for which the overtime rate is paid qualify
as overtime hours under section 7(e) (5), (6), or (7); and
(3) The number of overtime hours for which the overtime rate is paid
equals or exceeds the number of hours worked in excess of the applicable
maximum hours standard.
(b) An hourly rate will be regarded as a bona fide rate for a
particular kind of work it is equal to or greater than the applicable
minimum rate therefor and if it is the rate actually paid for such work
when performed during nonovertime hours.
