How does FLSA 778.222 predictability pay work?

29 CFR 778.222 treats extra payments similar to call-back — including predictability pay for schedule changes, clopening / short-rest premiums, and insufficient-notice extras — as excluded from the regular rate when not prearranged. They are paid on top of wages for hours worked and may not be credited toward overtime. Ordinary after-40 half-time still applies to hours worked.

How is 778.222 different from 778.221?

778.221 is the call-back guarantee excess over hours actually worked on the call. 778.222 covers other similar extras — predictability pay, clopening / short-rest premiums, insufficient-notice payments, including state or local scheduling-law mandates — paid over and above earnings for hours worked.

What if the premium was prearranged?

778.222 says payments that are prearranged may not be excluded from the regular rate. Check the prearranged toggle to include the premium in RR and recompute extra half-time (classic same punches → $1,182.50).

Five 8h + $75 with no overtime week?

Straight $800 + excluded $75 = $875 versus /overtime/ $800. There is no overtime premium, but the qualifying schedule premium is still paid on top and stays out of any RR computation.

FLSA 778.222 Predictability / Clopening Premiums — Excluded from Regular Rate

Q: Classic $20 × five 10h + $75 predictability?

FLSA after-40 pay $1,100 + excluded $75 premium = $1,175. Ordinary /overtime/ is $1,100. Including the same $75 in the regular rate totals $1,182.50. Classic 778.221 call-back is $920. Classic 778.213 with $100 is $1,200. 778.310 with a $75 lump is $1,182.50.

How 778.222 pays

Exclusion of the extra, not of the hours. Section 778.222 applies the call-back principles of 778.221 to other extras that compensate for unanticipated or insufficiently scheduled work. The extra — over and above earnings for hours actually worked at the applicable rate — is out of the regular rate and cannot be credited toward statutory overtime when it is not prearranged. Hours worked still earn ordinary extra half-time after 40.

State and local scheduling laws. The regulation expressly lists predictability pay for schedule changes without required notice and mandated pay when too few hours separate the end of one day's shift from the start of the next (clopening / short rest). Cousin pages /nyc-fair-workweek/ and /chicago-fair-workweek/ compute those local premiums; this page is the FLSA regular-rate treatment of the extra.

Not 778.221. Call-back under 778.221 is the guarantee excess over hours actually worked on the call (classic $920). 778.222 is a separate extra (predictability / clopening / notice) paid on top of punched hours.

Classic · $20 · five 10h · $75 predictability → $1,175 (vs /overtime/ $1,100 · include-in-RR $1,182.50 · 778.221 $920 · 778.213 $100 $1,200 · 778.310 $75 $1,182.50).
Prearranged / contrast include in RR · same $75 → $1,182.50.
Five 8h · $75 (no OT week) → $875 (vs /overtime/ $800).
$0 premium → $1,100 (ordinary after-40).
Clopening $100 on 50h → $1,200.

Sources

29 CFR § 778.222 — Other payments similar to call-back pay (Cornell LII, HTTP 200)
29 CFR § 778.222 — eCFR current (HTTP 200)
29 CFR § 778.221 — Call-back sibling (HTTP 200)
29 CFR § 778.200 — Inclusion / exclusion / crediting framework (HTTP 200)
29 U.S.C. § 207(e)(2) — payments not for hours worked (HTTP 200)
WHD Fact Sheet #56A — Regular rate under the FLSA (HTTP 200)
NYC Local Law 107 — Fair Workweek predictability premiums (HTTP 200)
NYC Local Law 100 — Clopening $100 (HTTP 200)
Chicago Fair Workweek — OLS page (HTTP 200)
/flsa-778-221-callback/ — 778.221 call-back cousin
/nyc-fair-workweek/ — NYC schedule-change / clopening premiums

FAQ

Classic five 10h + $75 predictability?

$1,100 FLSA after-40 + $75 excluded premium → $1,175 vs /overtime/ $1,100 vs include-in-RR $1,182.50 vs 778.221 $920 vs 778.213 $100 $1,200.

Same as /flsa-778-221-callback/?

No. 778.221 is the call-back guarantee excess over hours actually worked on the call. 778.222 is a separate schedule / predictability / clopening extra paid on top of punched hours.

Same as /nyc-fair-workweek/?

No. NYC FWW computes the local premium amounts. This page is the FLSA regular-rate treatment of those (and similar) extras under 778.222.

Prearranged?

Check the prearranged toggle — 778.222 forbids excluding prearranged payments from the regular rate (classic same punches → $1,182.50).

No overtime in the week?

Five 8h + $75 → $875 vs /overtime/ $800. The premium is still paid on top and stays excluded.