What is a Belo contract under FLSA § 7(f)?

Section 207(f) lets an employer pay a fixed weekly guaranty when the employee’s duties necessitate irregular hours, the contract specifies a regular rate at least the § 206 minimum and 1.5× that rate after 40, and the guaranty covers not more than 60 hours based on those rates (29 CFR 778.402–.414; Walling v. A.H. Belo Corp.).

Classic $20 specified rate with a 50-hour guaranty?

Guaranty = 40×$20 + 10×$30 = $1,100. Five 10-hour days (50h) pay $1,100. Five 7-hour days (35h) still pay $1,100, while ordinary § 207(a) would be $700. Five 11-hour days (55h) pay $1,100 + 5×$30 = $1,250. The same $1,100 treated as a 778.114 fluctuating-workweek salary over 50 hours is $1,210.

What is the 60-hour cap?

29 CFR 778.411: the weekly guaranty cannot cover more than 60 hours. At a $5 specified rate the maximum guaranty is $350 (40×$5 + 20×$7.50). At $20 it is $1,400. A 70-hour guaranty is not a Belo plan — this page falls back to ordinary § 207(a) 1.5× after 40. Hours actually worked over 60 (or over G) still add 1.5× the specified rate on top of a valid guaranty.

Same as fluctuating workweek 778.114 or PA salaried ÷40?

No. FWW divides the salary by hours actually worked and adds half-time after 40 ($1,100/50h → $1,210). Pennsylvania 34 Pa. Code § 231.43(g) always divides by 40. Belo pays the pre-agreed guaranty even in short weeks and does not recompute the regular rate from hours worked.

FLSA 7(f) Belo Guaranteed Weekly Wage

Q: Same as FLSA 7(i) commission exemption?

No. § 7(i) can turn overtime off for retail/service commissioned employees. § 7(f) is a guaranteed weekly wage that already includes overtime for a stated number of irregular hours, not a commission exemption.

How § 7(f) pays

Section 7(a) requires 1.5× the regular rate after 40. Subsection (f) is not an exemption from overtime — it authorizes a guaranteed weekly wage that already includes overtime for a stated number of irregular hours, named after Walling v. A.H. Belo Corp., 316 U.S. 624 (1942).

Guaranty formula (778.408 / 778.411 / 778.413). Specified regular rate R (≥ federal MW $7.25) for the first 40 hours, plus 1.5×R for each guaranteed overtime hour, totaling not more than 60 hours. At R = $5 the maximum guaranty is $350. At R = $20 and G = 50: 40×$20 + 10×$30 = $1,100. At G = 60: $1,400.

Short weeks. If the employee works fewer hours than G — including under 40 — the employer still pays the full guaranty. That is the point of Belo (stable pay when hours swing). Five 7-hour days at $20 / G=50 → $1,100 here vs $700 on /overtime/.

Hours over the guaranty. 778.411: working more than 60 hours (or more than G) is allowed; extra hours pay 1.5× the specified rate in addition to the guaranty. Five 11-hour days (55h) at G=50 → $1,100 + $150 = $1,250.

Failed gates → § 207(a). No bona fide contract, hours that never dip below 40 (778.405), specified rate below MW, or a guaranty over 60 hours: this page pays ordinary 1.5× after 40. G=70 on a 35-hour week → $700, not a 60-hour guaranty.

Not FWW, not PA, not 7(i). 29 CFR 778.114 fluctuating workweek divides the salary by hours worked and adds half-time after 40 ($1,100 / 50h → $1,210). Pennsylvania always divides remuneration by 40. § 7(i) can zero overtime for commissioned retail/service employees.

Specified $20 · G=50 · five 10h days → $1,100 (same dollars as § 207(a) at 50h).
Specified $20 · G=50 · 35h → $1,100 (§ 207(a) $700; FWW salary $1,100 / 35h has no OT).
Specified $20 · G=50 · 55h → $1,250.
778.411 $5 specified · G=60 max → $350 ($20 → $1,400).
G=70 invalid · 35h → $700.
Irregular-hours box off · 35h → $700.

Sources

29 U.S.C. § 207(f) — Employment necessitating irregular hours of work (U.S. Code, HTTP 200)
29 U.S.C. § 207 (GovInfo USCODE-2023, HTTP 200)
29 CFR § 778.404 — Purposes of the Belo exemption (Cornell LII, HTTP 200)
29 CFR § 778.408 — The specified regular rate (Cornell LII, HTTP 200)
29 CFR § 778.411 — Sixty-hour limit on pay guaranteed by contract ($5 → $350 max) (Cornell LII, HTTP 200)
29 CFR § 778.413 — Guaranty must be based on rates specified in the contract (Cornell LII, HTTP 200)

FAQ

What is a Belo contract?

A bona fide individual contract or CBA for irregular hours that specifies R and 1.5×R and guarantees pay for not more than 60 hours based on those rates.

Classic $20 / 50h?

Guaranty $1,100. 35h still $1,100 vs § 207(a) $700. 55h $1,250. FWW on $1,100/50h $1,210.

Same as FLSA 40 or 778.114?

No. /overtime/ pays only hours worked. /flsa-regular-rate/ FWW recomputes RR from hours. Belo pays the pre-agreed guaranty in short weeks.

Same as 7(i) or PA salaried?

No. /flsa-7i-commission/ can turn OT off. /pennsylvania-salaried-overtime/ always ÷40.

Who is covered?

Employees whose duties necessitate unpredictable hours both below and above 40, on a bona fide contract. Scheduled OT-only weeks, guaranty over 60 hours, and rates below MW fail the section and fall back to § 207(a).