Does the call-back minimum count toward the FLSA 40-hour week?

No. Only hours actually worked count. In the CFR example, 43 actual hours are counted — not 44 — even though the agreement pays a 3-hour minimum for a 2-hour call.

What if the call-back was prearranged?

If the extra work was anticipated and reasonably could have been scheduled, 778.221(a) says the payment is compensation for work and must be included in the regular rate. Check Prearranged on this page.

Is this the same as state reporting-time or waiting-time pay?

No. State reporting-time floors (CA, CT, NJ, RI, MA, NH, ME, and others on StatutePay) and waiting-time / final-pay penalties are different statutes. This page is the FLSA regular-rate treatment of call-back guarantee excess under 778.221.

Is this 778.202, 778.203, or 778.310?

No. 778.202/203 are premium-credit rules for daily-standard or special-day premiums of at least 1.5×. 778.310 is a varying lump attributed to overtime that stays in the regular rate. 778.221 is payments not for hours worked.

FLSA Call-Back Pay Calculator — 29 CFR § 778.221

Q: Is the call-back excess an overtime premium that can be credited?

No. Under 29 CFR 778.221(a), the amount by which the guaranteed hours' pay exceeds pay for hours actually worked is excluded from the regular rate and cannot be credited toward statutory overtime. True overtime premiums on hours actually worked may still be credited.

FLSA call-back pay (guarantee excess excluded from RR)

29 CFR § 778.221: when, after scheduled hours and without prearrangement, an employee is called back and paid a minimum number of hours at straight time or overtime rates, the amount by which that guarantee exceeds pay for hours actually worked is excluded from the regular rate and cannot be credited toward statutory overtime. Only actual hours count toward 40. Classic $20 × Mon 9h + four 8h + call 2h with 3h min at 1.5× → $920 vs /overtime/ on 43h $890 vs five 10h $1,100 vs 778.310 $1,182.50 vs OR domestic $900 vs 778.203 $880 vs 7(p) $1,260 vs KS 46 $1,040 vs MD 48 $1,020 vs NY 44 $1,060. CFR $12 example → $552.

How 29 CFR 778.221 pays

Official sources (HTTP 200 this build): Cornell LII 29 CFR § 778.221, eCFR § 778.221, GovRegs § 778.221, sibling § 778.222 (other payments similar to call-back), and 29 U.S.C. § 207.

Paragraph (a) states the rule: the excess of the specified minimum over compensation for hours actually worked is a payment not made for hours worked — exclude it from the regular rate; do not credit it toward overtime. Prearranged call-ins (work that was anticipated and could have been scheduled) are compensation for work and stay in the regular rate. Paragraph (b) walks the $12 / 3-hour minimum / 2-hour call example to a $552 week.

This is not a state reporting-time floor, not a waiting-time / final-pay penalty, not 778.202 / 778.203 premium-credit, not 778.310, and not 7(p) special detail.

CFR punches @ $20: Mon 9h + Tue–Thu 8h + Fri 8h schedule + 2h call (43 actual) · 3h min at 1.5× → 43×20 + 3×10 + 1×30 = $920.
Same punches on /overtime/ (no call-back excess) → $890.
CFR @ $12 → $552 (516 + 18 OT half + 18 excess).
Prearranged toggle → excess in RR (same punches ≈ $921.05).

Sources

29 CFR § 778.221 — Cornell LII (HTTP 200)
29 CFR § 778.221 — eCFR (HTTP 302→200)
29 CFR § 778.221 — GovRegs (HTTP 200)
29 CFR § 778.222 — Cornell LII (HTTP 200)
29 U.S.C. § 207 — Cornell LII (HTTP 200)

FAQ

Do ghost guarantee hours count toward weekly overtime?

No. The CFR counts 43 actual hours, not 44. The extra hour’s pay is the call-back excess — excluded from the regular rate and not an overtime credit.

Is this California / Connecticut / New Jersey reporting time?

No. Those are state floors when an employee reports and is sent home short. This page is the FLSA regular-rate treatment of a call-back minimum under 778.221.

778.222?

Section 778.222 covers other payments similar to call-back pay under the same principles. This calculator implements the 778.221 illustration; 778.222 is cited as the sibling rule.