Same as show-up or call-back pay?

No. Sections 778.220–778.222 address show-up and call-back guarantees. 778.311 expressly distinguishes those situations. Classic show-up at $20 is $900 — not $1,210.

Can the flat credit toward FLSA overtime?

No. 778.311: no part of the flat may be credited toward statutory overtime. Treating the flat as the OT premium (wrong-credit) leaves pay at $1,100 on the classic facts — underpaying by $110.

FLSA 778.311 Flat Special Job in Overtime Hours — Flat In RR, Not Creditable

Q: How does FLSA 778.311 flat special-job pay work?

When an employee is paid a flat rate for a special job performed during overtime hours without regard to time actually consumed, the full flat is included in the regular rate. No part of the flat may be credited toward statutory overtime due under the Act. Clock-pattern premium rates that qualify under section 7(e)(7) may still be credited; the flat may not.

Q: Classic five 10h at $20 plus flat $100?

Hourly $1,000 + flat $100 = remuneration $1,100. Regular rate $22. Extra half-time on 10 OT hours is $110. Total $1,210.

Q: Same as /flsa-778-310-lump/?

No. 778.310 is a fixed sum for varying amounts of overtime (e.g. Sunday lump). 778.311 is a flat for a special task performed in overtime hours. Same $75 under either rule yields $1,182.50 — same dollars, different statute.

FLSA 778.311 flat special job in overtime hours

29 CFR § 778.311 (with §§ 778.204 / 778.220–.222 / 778.310; 29 U.S.C. § 207(e)(7)): a flat rate for a special job performed during overtime hours, without regard to time actually consumed, is not an overtime premium — include the full flat in the regular rate; no part may be credited toward statutory OT. Classic $20 × five 10h + flat $100 → $1,210 vs /overtime/ $1,100 vs 778.310 $1,182.50 vs wrong-credit $1,100 vs 778.220 $900.

How 778.311 pays

Flat is in the regular rate. Section 778.311 covers employees paid a flat rate for a special task performed during overtime / outside-basic hours, without regard to the time actually consumed. The total flat must be included in the regular rate. No part of the flat may be credited toward statutory overtime compensation due under the Act.

Distinguish cousins. Show-up and call-back guarantees are §§ 778.220–.222. Hourly clock-pattern premiums that qualify under § 7(e)(7) / § 778.204 may be credited toward statutory OT — the flat under 778.311 may not. A fixed sum for varying amounts of overtime (e.g. Sunday lump) is § 778.310.

Not 778.310 / not 778.220 / not waiting-time. § 778.310 is a lump for varying OT hours. § 778.220 / § 778.221 are guarantee excesses. This page puts the special-job flat in RR and still pays extra half-time after 40.

Classic · $20 × five 10h + flat $100 → rem $1,100 → RR $22 → extra half $110 → $1,210.
Same $75 as 778.310 classic lump · five 10h @ $20 → $1,182.50 (same $, different statute).
Wrongly credit flat as OT premium · five 10h @ $20 + $100 → $1,100 (underpays $110).
Zero flat · five 10h @ $20 → $1,100.
CFR scaled $20 · 39h basic + 7h @1.5× + $180 flat (2h special) → $1,191.67.

Sources

Cornell LII 29 CFR § 778.311 (HTTP 200)
eCFR 29 CFR § 778.311 (HTTP 200)
29 CFR § 778.311 — GovInfo CFR XML (HTTP 200)
29 U.S.C. § 207 (HTTP 200)
WHD Fact Sheet #23 (HTTP 200)

FAQ

Is a flat for a special OT job an FLSA overtime premium?

No. 778.311: include the full flat in the regular rate. No part may be credited toward statutory overtime.

Classic five 10h at $20 plus flat $100?

Remuneration $1,100 → RR $22 → extra half-time $110 → total $1,210 vs /overtime/ $1,100.

Same as /flsa-778-310-lump/?

No. 778.310 is a fixed sum for varying amounts of overtime. 778.311 is a flat for a special task in OT hours. Same $75 → $1,182.50 under either (same $, different statute).

Same as show-up / call-back?

No. 778.311 distinguishes §§ 778.220–.222. Classic show-up at $20 is $900.

What about the CFR $5 example?

Scaled to $20: 39h basic + 7h outside @1.5× + $180 flat (2h special) → contract $1,170 − $70 excludable premium → additional $21.67 → $1,191.67.