How does FLSA 7(g)(2) two-rate overtime pay?

If the employee and employer agree in advance, overtime hours are paid at 1.5× the bona fide rate for the work performed during those hours. Classic 30 hours at $16 then 20 hours at $24 (last 10 overtime at $24) → $1,080, not the 778.115 weighted $1,056.

What if there is no 7(g) agreement?

Uncheck the agreement box. 29 CFR 778.115 applies: weighted average regular rate plus extra half-time after 40. Same 30h/$16 + 20h/$24 punches → $1,056.

Is this California weighted-average overtime or piece-rate 778.418?

No. /california-weighted-average-overtime/ uses 778.115 then Labor Code 510 daily 8/12. /flsa-piece-rate/ is 778.111 / 778.418 piecework. This page is hourly two-job rate-in-effect under § 207(g)(2).

Is this 7(p), 7(q), 778.203, or a waiting-time penalty?

No. 7(p) is fire/LE special detail. 7(q) is remedial education. 778.203 is a special-day premium credit. This page is two hourly rates on overtime hours.

Are job 2 hours extra hours on top of the punches?

No. Job 2 hours are the last hours of the punched workweek. Five 10-hour days with 20 job-2 hours means 30 hours at job 1 then 20 at job 2, not 70 hours.

FLSA Two-Rate Overtime — 29 U.S.C. § 207(g)(2) / 29 CFR 778.419

FLSA two-rate overtime (rate in effect on the overtime work)

29 U.S.C. § 207(g)(2) / 29 CFR 778.419: with an agreement before the work, overtime hours are paid at 1.5× the bona fide rate for the kind of work performed during those hours, not the 778.115 weighted average. Classic $16 × 30h + $24 × 20h → $1,080 vs 778.115 $1,056 vs /overtime/ $20 five 10h $1,100 vs KS 46 $1,040 vs MD 48 $1,020 vs NY 44 $1,060 vs 778.310 $1,182.50 vs WA meal $1,150 vs NJ trucking $1,038.80 vs 7(q) $1,300 vs 7(p) $1,260 vs 778.203 $880.

How 7(g)(2) / 778.419 pays

The official Cornell LII reprint of 29 CFR 778.419 (HTTP 200), eCFR 778.419 (follow 302→200), Cornell 778.417 (HTTP 200), Cornell 29 U.S.C. § 207 (HTTP 200), the U.S. House uscode prelim text (HTTP 200), and GovInfo USCODE-2023 § 207 (HTTP 200) provide that, by agreement or understanding arrived at before the work, overtime hours for an employee performing two or more kinds of work at different bona fide hourly rates may be computed at not less than one and one-half times the rate applicable to the same work when performed during nonovertime hours. 778.419(a)(3) requires that the overtime hours paid at that overtime rate equal or exceed hours over 40. Uncheck the agreement → 29 CFR 778.115 weighted average + extra half-time after 40.

Job 2 hours are the last punched hours of the workweek, not extra hours stacked on the punches. One rate only → ordinary § 207(a).

This is not LC 510 weighted, not 778.111 / 778.418 piece, not /flsa-regular-rate/ nightshift/bonus/FWW, not 7(p), not 7(q), not 778.203, not 778.310, not N.J.S.A. 34:11-56a4(f), not WAC 296-126-092, and not a waiting-time penalty.

Five 10h @ $16 then last 20h of the week at $24 (10 of those overtime) → 30×16 + 20×24 + 10×12 = $1,080.
Same punches, no 7(g) agreement (778.115 RR $19.20) → $1,056.
Same five 10h at a single $20 on /overtime/ → $1,100.
Same five 10h on /kansas-overtime/ → $1,040.
Last 20h at the lower $16 (job 1 $24) → $1,120.
Forty hours 20/20, no overtime → $800.

Sources

29 CFR § 778.419 — Cornell LII (HTTP 200)
29 CFR § 778.419 — eCFR (HTTP 200)
29 CFR § 778.417 — Cornell LII (HTTP 200)
29 U.S.C. § 207(g)(2) — Cornell LII (HTTP 200)
29 U.S.C. § 207 — U.S. House Office of the Law Revision Counsel (prelim) (HTTP 200)
GovInfo USCODE-2023 Title 29 § 207 (HTTP 200)

FAQ

Why not just blend the rates?

778.115 is the default. § 207(g)(2) is an optional agreement method that pays overtime at the rate actually in effect on the overtime work, which can be higher or lower than the blend.

Kansas after 46 or Maryland after 48?

No. Those are state weekly thresholds on a single rate. This page’s classic $1,080 is two federal hourly rates with overtime at the job-2 rate.

Waiting-time or meal/rest?

No. This is a § 207(g)(2) overtime computation, not a final-pay penalty and not a missed-break premium.