How is overtime computed on a day rate under the FLSA?

29 CFR 778.112: total all day rates or job rates received in the workweek, divide by hours actually worked to get the regular rate, then pay extra half-time at that rate for hours over 40. The day rate already paid straight time on every hour, including overtime hours.

Classic $500 per day for five 10-hour days?

Five day rates = $2,500. 50 hours → regular rate $50. Extra half-time 10 × $25 = $250. Total $2,750. Five 12-hour days (60h) → RR $41.666…, extra 20 × $20.833… = $416.67, total $2,916.67, versus an hourly $50 at 1.5× after 40 of $3,500. Five 7-hour days still pay the five day rates ($2,500) with no overtime.

Two shifts on the same workday — two day rates?

No. A flat sum for a day's work is one day rate per calendar workday with hours, even if punches are split. A weekly job-rate lump (778.112 job rates) is used instead of day rate × days when entered.

Same as Belo § 7(f), fluctuating workweek 778.114, or Pennsylvania salaried ÷40?

No. Belo pays a pre-agreed weekly guaranty even in short weeks. 778.114 divides a fixed weekly salary by hours actually worked and adds half-time after 40 (a $2,500 salary over four 10h days still pays $2,500; four day rates of $500 pay $2,000). Pennsylvania 34 Pa. Code § 231.43(g) always divides remuneration by 40 and pays full 1.5× overtime ($2,500/50h → $3,437.50 vs $2,750 here).

Does Helix Energy Solutions change this math?

Helix Energy Solutions Group v. Hewitt, 598 U.S. 39 (2023), holds that a daily rate is not a salary basis for the highly compensated exemption. This page computes non-exempt 778.112 overtime only; it does not decide exemption status.

FLSA Day Rate Overtime — 29 CFR § 778.112

How 778.112 pays

Section 7(a) requires 1.5× the regular rate after 40. When the employee is paid a flat sum for a day's work or for doing a particular job, without regard to hours in the day or at the job, and receives no other form of compensation, 29 CFR § 778.112 sets the regular rate: total those day rates or job rates for the workweek, divide by hours actually worked, then pay extra half-time at that rate for hours over 40.

Classic $500/day. Five 10-hour days: $2,500 ÷ 50h = $50 RR; extra 10 × $25 = $250; total $2,750. Five 7-hour days still pay five day rates ($2,500) with no overtime — vs hourly $50 at 35h = $1,750, vs a Belo $50 / G=50 week = $2,750. Five 12-hour days: $2,500 ÷ 60 = $41.67 RR; extra 20 × $20.83 = $416.67; total $2,916.67 vs hourly $50 1.5× after 40 = $3,500 (longer days lower RR).

Job rates. A weekly lump for a particular job uses the same divisor: $1,800 ÷ 60h = $30 RR; extra 20 × $15 = $300; total $2,100.

Punches. Two shifts the same calendar workday still earn one day rate. Unpaid lunch drops hours and raises RR (five 10h − 30m = 47.5h → extra 7.5 × ($2,500/47.5) = $197.37; total $2,697.37).

Not Belo, not FWW, not PA, not 7(i). § 7(f) pays a pre-agreed weekly guaranty even under 40. 29 CFR 778.114 divides a fixed weekly salary by hours worked (four 10h days on a $2,500 salary still $2,500; four $500 day rates = $2,000). Pennsylvania always ÷40 and pays full 1.5× ($2,500/50h → $3,437.50). § 7(i) can turn overtime off for commissioned retail/service employees. Helix Energy Solutions v. Hewitt, 598 U.S. 39 (2023) (daily rate ≠ salary basis for the HCE exemption) is labeled; this page computes non-exempt 778.112 OT only.

$500/day · five 10h days → $2,750.
$500/day · five 7h days (35h) → $2,500 (hourly $50 → $1,750; Belo G=50 @ $50 → $2,750).
$500/day · five 12h days → $2,916.67 (hourly $50 1.5× after 40 → $3,500).
$300/day · six 12h days (72h) → $2,200.
Job rate $1,800 · six 10h → $2,100.
Two shifts same workday still one day rate · five 10h → $2,750.

Sources

29 CFR § 778.112 — Day rates and job rates (Cornell LII, HTTP 200)
29 CFR § 778.110 — Hourly rate employee (contrast: 1.5× the hourly rate after 40) (Cornell LII)
29 CFR § 778.114 — Fluctuating workweek (fixed salary ÷ hours + extra half-time) (Cornell LII)
29 U.S.C. § 207(a) — overtime after 40 at 1.5× the regular rate
Helix Energy Solutions Group, Inc. v. Hewitt, 598 U.S. 39 (2023) — daily rate is not a salary basis (exemption labeled, not computed)

FAQ

How does a day rate pay overtime?

Total the day rates (or job-rate lump) for the workweek, divide by hours actually worked, pay extra half-time after 40. Classic $500 × five 10h → $2,750.

Same as hourly FLSA 40 or Belo?

No. /overtime/ pays 1.5× an hourly rate after 40 (five 12h @ $50 → $3,500). /flsa-7f-belo/ pays a weekly guaranty even in short weeks. Here five 12h @ $500/day → $2,916.67; 35h still five day rates, not a Belo guaranty.

Same as FWW or PA salaried?

No. 778.114 is a fixed weekly salary. PA § 231.43(g) always ÷40. Four $500 days = $2,000 here vs FWW $2,500 salary still $2,500; $2,500/50h PA = $3,437.50 vs $2,750 here.

Two punches, one day?

One day rate. A weekly job-rate field replaces day rate × days when you enter it.

Who is covered?

Non-exempt employees paid a flat daily or job-rate sum and no other compensation. This page does not decide the highly compensated / salary-basis exemption (Helix).