How is overtime computed on a fixed weekly salary under 778.113?

Divide the weekly salary by the hours it is intended to compensate to get the regular rate. Pay that rate for each of the first 40 hours and 1.5× after 40. Classic $700 intended for 35 hours × five 10-hour days is $1,100 (40×$20 + 10×$30), not PA always-÷40 $962.50 and not fluctuating-workweek $770.

Classic $700 / 35 hours × five 10-hour days?

Regular rate $20. Salary covers 35 hours ($700). Hours 36–40 are extra straight time $100. Ten overtime hours at $30 = $300. Total $1,100. The same salary under Pennsylvania always-÷40 is $962.50. Under 778.114 FWW it is $770. Paying 1.5× after 35 would be $1,150 — 778.113 does not do that.

What is the official $350 / 35-hour example?

29 CFR § 778.113(a): $350 intended for 35 hours is $10 an hour. For overtime the employee receives $10 for each of the first 40 hours and $15 thereafter. A 40-hour week is therefore $400. A 50-hour week is $550.

Same as FWW, PA salaried, day-rate, or Belo?

No. 778.114 fluctuating workweek divides salary by hours actually worked and pays extra half-time after 40. Pennsylvania § 231.43(g) always divides by 40. 778.112 day-rate is extra half-time on day sums ÷ hours. 7(f) Belo pays a weekly guaranty even under 40. 778.113 is a salary for a stated number of hours, with overtime still after 40.

How are monthly salaries converted?

778.113(b): monthly ×12/52; semimonthly ×24/52. A $1,560 monthly salary for a 40-hour week is $360 weekly and $9 an hour. The regular rate may not be below the federal minimum wage.

FLSA Salaried Overtime — 29 CFR § 778.113

How 778.113 pays

29 CFR § 778.113(a) is the fixed-workweek salary method. It is not the fluctuating workweek. Regular rate = weekly salary ÷ hours intended. Then “the employee is entitled to receive [that rate] for each of the first 40 hours and [1.5×] for each hour thereafter.” Hours between a sub-40 intended week and 40 are extra straight time on top of the salary. A short week still pays the salary.

Classic $700 intended for 35 hours × five 10-hour days. Regular rate $20. Salary $700 covers 35 hours; hours 36–40 add $100; ten overtime hours at $30 add $300; total $1,100. Pennsylvania always-÷40 on the same $700 is $962.50. 778.114 FWW (salary ÷ 50 hours, extra half-time) is $770. Treating hours after 35 as overtime at 1.5× would be $1,150 — that is not 778.113.

Official $350 / 35-hour example. RR $10. A 40-hour week is $400 ($10 × 40). A 50-hour week is $550. A $375 salary for a 40-hour week has RR $9.38.

Short week. $700 intended for 35 hours, 30 hours worked, still $700 (hourly $20 would be $600). $800 intended for 40 hours × five 10-hour days is $1,100 — same as hourly $20 and same as PA ÷40 when intended hours are 40.

Monthly / semimonthly. 778.113(b): monthly ×12/52; semimonthly ×24/52. Official $1,560 monthly (or $780 semimonthly) for 40 hours → weekly $360, RR $9. The resultant rate may not be below federal MW $7.25.

$700 / 35h · five 10h → $1,100 (PA $962.50 · FWW $770 · after-35 $1,150).
CFR $350 / 35h · 40h → $400.
$350 / 35h · 50h → $550.
$700 / 35h · 30h → $700 (hourly $600).
$800 / 40h · five 10h → $1,100.
Monthly $1,560 / 40h · 40h → $360 (RR $9).

Sources

29 CFR § 778.113 — salaried employees — general (Cornell LII, HTTP 200)
eCFR § 778.113 — current text (HTTP 200 after redirect)
29 U.S.C. § 207(a) — overtime after 40

FAQ

How does a fixed weekly salary pay overtime?

RR = salary ÷ intended hours. First 40 at that RR; 1.5× after 40. Classic $700 / 35h × five 10h → $1,100.

Same as FWW or PA salaried?

No. 778.114 FWW divides by hours actually worked and pays extra half-time ($770 on the classic week). PA § 231.43(g) always divides by 40 ($962.50). This page uses the intended-hours divisor and still starts time-and-a-half after 40.

Same as day-rate or Belo?

No. 778.112 is extra half-time on day/job sums ÷ hours worked. § 7(f) Belo pays a weekly guaranty even under 40. 778.113 is a salary for a stated number of hours.

Does overtime start after the intended hours?

No. The regulation pays the regular rate for each of the first 40 hours. A 35-hour salary adds straight time for 36–40, then 1.5× after 40.

Who is covered?

Non-exempt employees employed solely on a weekly (or translated monthly) salary for a stated workweek. Exempt white-collar salaries are out of scope. This page does not apply 778.114 fluctuating-workweek conditions.