FLSA · 29 CFR 778.310 · lump attributed to overtime
FLSA lump-sum overtime (778.310)
29 CFR § 778.310 says a lump paid for overtime hours without regard to how many OT hours is not an overtime premium. Include it in the regular rate and still pay extra half-time after 40. Classic $20 × five 10h + $75 → $1,182.50 vs FLSA $1,100 vs KS 46 $1,040 vs MD 48 $1,020 vs NY residential 44 $1,060 vs MO 52 $1,000. Not Alvarado.
How 29 CFR 778.310 pays
Govinfo’s official 1 July 2025 text of 29 CFR § 778.310 (HTTP 200) is short: a premium in the form of a lump sum paid for work performed during overtime hours without regard to the number of overtime hours worked does not qualify as an overtime premium even if the dollars equal or exceed the extra half-time on a per-hour basis. The CFR example is a flat $75 for Sunday work at a $5 straight-time rate. The lump must be included in the regular rate and may not be credited against statutory overtime.
This page assumes hourly pay already covers every hour worked, plus the lump. Regular rate = (hourly × hours + lump) ÷ hours; extra half-time after 40 = ½ × RR × hours over 40; total = hourly + lump + extra half-time. Check Constant overtime only for 29 CFR § 778.309: the employee works the same OT hours every week and the lump equals the overtime rate times those hours (1.5× hourly × scheduled OT). Then the lump is a true premium and is not stuffed into the regular rate.
This is not California Alvarado (flat bonus ÷ non-OT hours, then LC 510 1.5×/2×), not 778.209 percentage-of-total-earnings, not 778.114 FWW, not 778.111 piece-rate, not 778.112 day-rate, not 778.113 salary, and not waiting-time.
Five 10h days @ $20 + $75 lump → RR $21.50; extra 10 × $10.75 = $107.50; total $1,182.50.
Same punches on /overtime/ (ignore the lump) → $1,100.
Naive “the $75 is the OT premium” → $1,075 (underpays).
Same on /kansas-overtime/ → $1,040.
Same on /maryland-bowling-residential-overtime/ → $1,020.
Same on /new-york-miscellaneous-residential-overtime/ → $1,060.
Same on /missouri-amusement-overtime/ → $1,000.
Same on Alvarado with a $75 bonus → $1,203.13.
Zero lump → $1,100. Exactly 40h + $75 → $875. 35h + $75 → $775.
CFR $5 × 48h + $75 → $341.25. 778.309 lump $300 on five 10h @ $20 → $1,100.
Sources
- 29 CFR § 778.310 (govinfo, 1 Jul 2025 XML) — fixed sum for varying amounts of overtime (HTTP 200)
- 29 CFR § 778.309 (govinfo, 1 Jul 2025 XML) — fixed sum for a constant amount of overtime (HTTP 200)
- Cornell LII 29 CFR § 778.310 (HTTP 200)
- Cornell LII 29 CFR § 778.309 (HTTP 200)
FAQ
Does a $75 Sunday lump count as FLSA overtime premium?
No. 778.310: include it in the regular rate and still pay extra half-time after 40. Five 10-hour days @ $20 + $75 → $1,182.50 vs $1,100 on /overtime/.
When is 778.309 the right track?
Only when OT hours are the same every week and the lump equals 1.5× hourly × those hours. Five 10-hour days, lump $300 → $1,100.
Is this Alvarado?
No. Alvarado divides a flat bonus by non-OT hours and pays California daily 1.5×/2×. Same $75 is $1,203.13 there vs $1,182.50 here.
Is this 778.209 or FWW?
No. Percentage-of-total-earnings 778.209 is out of scope. FWW is 778.114 on /flsa-regular-rate/.
Is this piece-rate or day-rate?
No. Those are 778.111 and 778.112.