FLSA · Show-up / reporting pay · 29 CFR § 778.220
FLSA 778.220 show-up / reporting pay — excess excluded from the regular rate
29 CFR § 778.220: the amount by which a minimum-hours show-up / reporting guarantee exceeds compensation for hours actually worked on the report is excluded from the regular rate and not creditable toward FLSA overtime when infrequent/sporadic; only actual punched hours count. Classic $20 × Mon 2h + Tue–Sat 8h + 4h min → $900 vs /overtime/ $860 vs include-RR $900.95 vs 778.221 $920 vs OR domestic $900. CFR $12 → $540.
How 778.220 pays
Show-up excess out of RR. Section 778.220 addresses “show-up” or “reporting” pay — a contractual minimum hours of work or pay when the employee reports as scheduled but is given only a fraction of a day. The portion that represents compensation for hours actually worked may be credited as straight time or overtime. The excess over hours actually worked is not made for hours worked: it may be excluded from the regular rate under § 7(e)(2) and cannot be credited toward statutory overtime.
Only actual hours count toward 40. Show-up ghost hours do not move the employee toward the weekly overtime threshold. Extra half-time after 40 is computed on punched hours only, at the (typically unchanged) regular rate.
Infrequent / sporadic. The exclusion contemplates show-up that is not a regular pattern. The frequent toggle on this page is a contrast path that includes the excess in RR.
Not 778.221 / not state reporting-time. 778.221 is call-back without prearrangement (often at a premium). State reporting-time calculators compute the state floor itself — they do not answer the FLSA RR question 778.220 answers.
Classic · $20 · Mon 2h + Tue–Sat 8h · 4h min → $900 (excess $40 excluded; OT half $20; vs /overtime/ $860 · include-RR $900.95 · 778.221 $920 · OR domestic $900 · 778.203 $880).
CFR · $12 · same punches · 4h min → $540.
Frequent / contrast-include · same punches · $20 → $900.95.
Five 8h + no excess (min = worked) → $800.
Forty hours only + 2h excess @ $20 → $840 (no OT half).
Sources
- 29 CFR § 778.220 — “Show-up” or “reporting” pay (Cornell LII, HTTP 200)
- 29 CFR § 778.220 — eCFR (HTTP 200)
- 29 U.S.C. § 207 — Maximum hours / regular rate / § 7(e)(2) (HTTP 200)
- WHD Fact Sheet #56A — Regular rate under the FLSA (HTTP 200)
- 29 CFR § 778.221 — Call-back pay (cousin, HTTP 200)
- 29 CFR § 778.200 — Inclusion / exclusion / crediting framework (HTTP 200)
- /flsa-778-221-callback/ — 778.221 call-back cousin
- /california-reporting-split/ — CA reporting-time cousin (state floor)
- /rhode-island-reporting-time/ — RI reporting cousin
- /oregon-domestic-overtime/ — $900 cousin (different statute)
- /overtime/ — ordinary after-40 baseline
FAQ
Classic Mon 2h + Tue–Sat 8h + 4h min @ $20?
42h × $20 = $840; 2h excess × $20 = $40 (excluded); half-time 2 × $10 = $20; total $900 vs /overtime/ $860 vs include-RR $900.95 vs 778.221 $920 vs OR domestic $900. CFR $12 → $540.
Wrongly include the excess in RR?
Contrast path → rem $880 ÷ 42h = RR $20.95; extra half $20.95; total $900.95. 778.220 excludes the excess when infrequent/sporadic.
Same as /flsa-778-221-callback/?
No. Call-back is a return without prearrangement (often 1.5×). Show-up is a scheduled reporting guarantee. Classic $900 here vs $920 there.
Do show-up hours count toward 40?
No. Only hours actually worked count. The excess is dollars, not hours.
Can the excess be credited toward OT?
No. Because it is not compensation for hours worked, no part may be credited toward statutory overtime under the Act.