FLSA · 29 U.S.C. § 207(e)(6) · § 207(h) · 29 CFR 778.203 · special day
FLSA special-day overtime premium (Sunday/holiday 1.5× credited)
29 U.S.C. § 207(e)(6) / § 207(h) / 29 CFR 778.203: extra pay of at least 1.5× for work on Saturday, Sunday, a holiday, or a regular day of rest is excluded from the regular rate and credited toward FLSA extra half-time after 40. Classic $20 × four 8h + Sunday 8h at 1.5× → $880 vs /overtime/ 40h $800 vs five 10h $1,100 vs KS 46 $1,040 vs MD 48 $1,020 vs NY 44 $1,060 vs 778.310 $1,182.50 vs WA meal $1,150 vs NJ trucking $1,038.80 vs 7(q) $1,300 vs 7(p) $1,260. Five 10h last-day 1.5× credits fully → $1,100.
How 778.203 pays
The official Cornell LII reprint of 29 CFR 778.203 (HTTP 200), eCFR 778.203 (HTTP 200), Cornell 29 U.S.C. § 207 (HTTP 200), the U.S. House uscode prelim text (HTTP 200), and GovInfo USCODE-2023 § 207 (HTTP 200) provide that extra compensation of at least time and one-half for work on Saturdays, Sundays, holidays, or a regular day of rest may be treated as an overtime premium under § 207(e)(6). It is excluded from the regular rate and, under § 207(h), credited toward overtime compensation due under the Act. A premium below 1.5× must be included in the regular rate and cannot be credited unless it separately qualifies under § 207(e)(5) (this page does not assume a clock-hour 7(e)(5) scheme).
Formula (gates on, multiplier ≥ 1.5): pay every hour at the weekday rate, plus the extra (multiplier − 1) × rate × special-day hours, plus any leftover extra half-time after 40 that the special-day extra does not already cover. Uncheck the last-day box → ordinary § 207(a). Multiplier below 1.5 → extra in RR, no credit.
This is not 7(p), not 7(q), not 778.310, not N.J.S.A. 34:11-56a4(f), not WAC 296-126-092, not R.I. Gen. Laws § 25-3-3, and not a waiting-time penalty.
Four 8h weekdays + Sunday 8h at 1.5× @ $20 → $800 + $80 = $880.
Same 40h with no Sunday premium on /overtime/ → $800.
Five 10h last-day 1.5× (premium credits the 10 OT hours) → $1,100.
Same five 10h on /overtime/ → $1,100.
Same five 10h on /kansas-overtime/ → $1,040.
Same on /maryland-bowling-residential-overtime/ → $1,020.
Same on /new-york-miscellaneous-residential-overtime/ → $1,060.
Sunday 1.25× on five 8h (in RR) → $840. Sunday 2× on five 8h → $960.
Sources
- 29 CFR § 778.203 — Cornell LII (HTTP 200)
- 29 CFR § 778.203 — eCFR (HTTP 200)
- 29 U.S.C. § 207(e)(6), (h) — Cornell LII (HTTP 200)
- 29 U.S.C. § 207 — U.S. House Office of the Law Revision Counsel (prelim) (HTTP 200)
- GovInfo USCODE-2023 Title 29 § 207 (HTTP 200)
FAQ
Does Sunday 1.5× replace weekly overtime?
It credits against extra half-time due after 40. In a 40-hour week the $80 Sunday extra is new money ($880 vs $800). In a 50-hour week with Saturday as the last 10 hours at 1.5×, that extra $100 exactly covers the FLSA extra half-time, so the total stays $1,100.
Premium below 1.5×?
Uncheck nothing — lower the multiplier. 778.203(a) puts that extra in the regular rate. Five 8-hour days at Sunday 1.25× → $840. Five 10-hour days at 1.25× → $1,155.
Is this Rhode Island Sunday pay?
No. R.I. Gen. Laws § 25-3-3 is a state mandate to pay 1.5× on Sunday/holiday in covered industries. This page is the federal credit when an employer already pays ≥1.5× on a special day.
Kansas after 46 or Maryland after 48?
No. Those are state weekly thresholds. This page’s classic $880 is a 40-hour week with a true 1.5× Sunday premium, not a 46- or 48-hour threshold.
Waiting-time or meal/rest?
No. This is a regular-rate exclusion and overtime credit under § 207(e)(6) and § 207(h), not a final-pay penalty and not a missed-break premium.