How does FLSA 778.118 weekly-commission overtime work?

When the commission is paid on a weekly basis, 29 CFR 778.118 adds it to the employee's other earnings for that workweek (except overtime premiums and other section 7(e) exclusions), divides by hours worked for the regular rate, and requires extra compensation at one-half that rate for each hour over 40.

Same as 778.120 deferred equal-allocation?

No. Section 778.118 covers commissions already paid on a workweek basis. Section 778.120 applies when deferred commissions cannot be identified with particular workweeks and must be allocated equal amounts to each week or each hour of the period.

Same as 7(i) retail commission exemption?

No. Section 7(i) can eliminate weekly-40 overtime when RR and commission-share gates are met. 778.118 assumes overtime is due and shows how to bring the weekly commission into the regular rate.

FLSA 778.118 Weekly Commission — Regular Rate + Extra Half-Time

Q: Classic $20 × five 10h + weekly $150?

Hourly pay $1,000 + commission $150 = remuneration $1,150. Regular rate = $23. Extra half-time on 10 OT hours = $115. Total = $1,265. vs /overtime/ $1,100 without the commission, 778.120 deferred allocation $1,205.60, and 778.303 retroactive $1,127.50.

Q: Same weekly $96 as 778.120 classic?

Yes — once the commission is already a weekly amount, the math matches: $20 × 50h + $96 → $1,205.60. 778.120's classic reaches that weekly $96 by allocating a monthly $416 (×12/52).

FLSA 778.118 weekly commission — regular rate + extra half-time

29 CFR § 778.118 (with §§ 778.117–778.120; 29 U.S.C. § 207): when commission is paid on a workweek basis, add it to other earnings (except § 7(e) exclusions), divide by hours worked for the regular rate, and pay extra half-time after 40. Classic $20 × five 10h + weekly $150 → rem $1,150 → RR $23 → $1,265 vs /overtime/ $1,100 vs 778.120 $1,205.60 vs 778.303 $1,127.50 vs 778.310 $1,182.50 vs MA Sullivan $1,225. Same weekly $96 as 778.120 classic share → $1,205.60.

How 778.118 pays

Already weekly. Section 778.118 covers commissions paid on a workweek basis. Add the commission to the employee's other earnings for that week (except overtime premiums and other payments excluded under section 7(e)), divide by hours worked, and pay extra half-time at that regular rate for hours over 40.

In the regular rate. The weekly commission is in the regular rate. Overtime is straight time already paid (hourly wages + commission) plus extra half-time — not a second 1.5× on a rate that ignores the commission.

Not 778.120 / not 778.119 / not 7(i) / not waiting-time. § 778.120 allocates deferred commissions that cannot be tied to particular weeks. § 778.119 allocates identifiable-week commissions. § 207(i) can wipe weekly-40 OT when retail/service gates are met. This page assumes OT is due and the commission is already weekly.

Classic · $20 × five 10h + weekly $150 → rem $1,150 → RR $23 → extra $115 → $1,265.
Same $96 as 778.120 classic share · five 10h @ $20 → $1,205.60 (math matches once already weekly).
Weekly $200 · five 10h @ $20 → $1,320.
Zero commission · five 10h @ $20 → $1,100.
Weekly $80 · five 10h @ $20 → $1,188.

Sources

29 CFR § 778.118 — Commission paid on a workweek basis (Cornell LII, HTTP 200)
29 CFR § 778.118 — eCFR (HTTP 200)
29 CFR § 778.118 — GovRegs (HTTP 200)
29 CFR § 778.118 — GovInfo CFR XML (HTTP 200)
29 CFR § 778.117 — Commission payments — general (HTTP 200)
29 U.S.C. § 207 — Maximum hours (HTTP 200)
WHD Fact Sheet #23 — Overtime Pay (PDF, HTTP 200)
/flsa-778-120-deferred-commission/ — § 778.120 deferred equal-allocation cousin
/flsa-7i-commission/ — § 207(i) cousin
/massachusetts-commission-overtime/ — MA Sullivan exclude cousin
/overtime/ — ordinary after-40 baseline

FAQ

Classic five 10h @ $20 + weekly $150?

Remuneration $1,150; RR $23; extra half-time $115; total $1,265.

Same as /flsa-778-120-deferred-commission/?

No. 778.120 allocates deferred commissions that cannot be tied to particular weeks. 778.118 starts from a commission already paid for the workweek.

Same as /flsa-7i-commission/?

No. 7(i) can eliminate weekly OT. 778.118 computes the OT still due when the weekly commission is in the regular rate.

Same as /massachusetts-commission-overtime/?

No. MA Sullivan keeps commissions out of RR. 778.118 puts the weekly commission in RR and pays only extra half-time.

What if commissions are deferred / not weekly?

See § 778.119 (identifiable weeks) or § 778.120 (equal-week / equal-hour allocation) — not this weekly-basis page.