How does FLSA § 7(b)(1) overtime work?

If the employee is employed under an NLRB-certified collective bargaining agreement that provides no employee shall be employed more than 1,040 hours during any period of 26 consecutive weeks, overtime at ≥1.5× the regular rate is due only for hours that push the cumulative period total over 1,040. Weeks may exceed 40 hours at straight time while the cumulative total stays at or under 1,040.

Classic $20 × five 10-hour days with prior 990 hours under § 7(b)(1)?

Prior 990 + 50 = 1,040 exactly — all 50 hours this week are straight time → $1,000. Ordinary /overtime/ after 40 would be $1,100. Local bulk petroleum § 7(b)(3) on the same punches is also $1,000, but that statute uses daily-12 / weekly-56, not a 1,040-hour CBA ceiling.

How is § 7(b)(2) different from § 7(b)(1) and petroleum § 7(b)(3)?

§ 7(b)(2) is a 52-week CBA with a guaranty of 1,840–2,080 hours (absolute employment max 2,240). Overtime at 1.5× applies to hours that are both over the guaranty and over 40 in the workweek, and to hours over 2,080 in the period. § 7(b)(3) petroleum is an industry exemption with 1.5× after 12/day or 56/week — see /flsa-petroleum-bulk-overtime/.

Prior 1,020 + five 10h under § 7(b)(1)?

Room under 1,040 is 20 hours; the other 30 hours this week are OT at 1.5× → $20×20 + $30×30 = $1,300 versus /overtime/ $1,100 and petroleum $1,000.

What if there is no NLRB-certified CBA?

§ 7(b)(1)/(2) are off. The calculator falls back to ordinary § 207(a) overtime after 40 in the workweek — classic five 10h @ $20 → $1,100.

FLSA § 7(b) CBA Overtime — 1,040/26 Weeks & Guaranty

FLSA § 7(b) CBA overtime (1,040 / guaranty)

29 U.S.C. § 207(b)(1)/(2): NLRB-certified collective bargaining partial overtime exemptions. 7(b)(1) — 1.5× only for hours over 1,040 in any 26 consecutive weeks. 7(b)(2) — 1.5× for hours both over the 1,840–2,080h guaranty and over 40/week (and hours over 2,080 in the period). Classic 7(b)(1) prior 990 + five 10h @ $20 → $1,000 vs /overtime/ $1,100 vs /flsa-petroleum-bulk-overtime/ $1,000 (same $, different statute). Prior 1020 → $1,300.

How § 7(b)(1)/(2) pays

§ 7(b)(1). An employer does not violate § 207(a) by working an employee over 40 in a workweek without weekly overtime if the employee is employed pursuant to an NLRB-certified CBA that provides no employee shall be employed more than 1,040 hours during any period of 26 consecutive weeks. Hours that push the cumulative total over 1,040 are paid at not less than 1.5× the regular rate.

§ 7(b)(2). A 52-week CBA track with a guaranty of not less than 1,840 and not more than 2,080 hours (absolute employment max 2,240). Overtime at 1.5× is due for hours that are both in excess of the guaranty and in excess of the § 207(a) maximum workweek (40), and for hours over 2,080 in the period.

Not petroleum § 7(b)(3). Independently owned local wholesale/bulk petroleum distributors use a different partial exemption — 1.5× after 12/day or 56/week — on /flsa-petroleum-bulk-overtime/. Classic five 10h @ $20 can print the same $1,000 under 7(b)(1) (under the 1,040 ceiling) and under petroleum (under 12/56), but the statute, coverage gates, and overrun math differ: prior 1020 + five 10h is $1,300 here and still $1,000 on petroleum.

7(b)(1) · prior 990 · $20 · five 10h → $1,000 (cum 1,040; all ST).
7(b)(1) · prior 1020 · $20 · five 10h → $1,300 (20h ST + 30h OT).
7(b)(1) · prior 0 · $20 · five 10h → $1,000.
7(b)(2) · prior 1700 · guaranty 1840 · five 10h → $1,000.
7(b)(2) · prior 1830 · guaranty 1840 · five 10h → $1,100 (10h OT).
No NLRB-certified CBA · five 10h → $1,100 (ordinary after-40).
Same five 10h on /overtime/ → $1,100; on /flsa-petroleum-bulk-overtime/ → $1,000.

Sources

29 U.S.C. § 207 — § 207(b)(1)/(2)/(3) (Cornell LII, HTTP 200)
29 U.S.C. § 207 — Office of the Law Revision Counsel (HTTP 200)
29 U.S.C. § 207 — GovInfo USCODE-2023 (HTTP 200)
29 CFR § 778.100 — overtime compensation overview (Cornell LII, HTTP 200)
/flsa-petroleum-bulk-overtime/ — § 7(b)(3) cousin (12/day or 56/week)

FAQ

Classic prior 990 + five 10h?

Cumulative lands exactly on 1,040 — all 50 hours straight time → $1,000 vs /overtime/ $1,100.

Classic prior 1020 + five 10h?

20h ST + 30h OT at 1.5× → $1,300 vs /overtime/ $1,100 vs petroleum $1,000.

Same as /flsa-petroleum-bulk-overtime/?

No. Petroleum is § 7(b)(3) with daily-12 / weekly-56 for a narrow bulk-distribution industry. This page is § 7(b)(1)/(2) CBA period ceilings / guaranties for any industry with a qualifying agreement.

Same as Belo § 7(f)?

No. Belo is a fluctuating-hours weekly guaranty under § 7(f) / 29 CFR 778.402–.414. § 7(b) is a multi-week CBA employment-hours ceiling or guaranty.

What if the CBA is not NLRB-certified?

Uncheck the certified-CBA gate — the calculator uses ordinary § 207(a) after-40 (five 10h → $1,100).