United States · Fair Labor Standards Act · regular rate · not the single-rate weekly-40 page
Nightshift differentials and promised bonuses are in the regular rate. They are not overtime credit.
29 CFR § 778.207(b) requires nightshift differentials (percent of base or cents-per-hour) in the regular rate; they may not be credited toward FLSA overtime. §§ 778.208 / 778.209: a nondiscretionary bonus is added and divided by hours actually worked; if it covered many weeks, apportion it back and pay extra ½ × (bonus hourly) × OT hours for each overtime week. § 778.115: two straight-time rates → weighted average. WHD Fact Sheets #23 (Oct 2019) and #56A (Dec 2019): overtime is straight time already paid plus extra half-time at the regular rate. § 778.114 fluctuating workweek is a labeled card on this page, not a fourth URL. Distinct from /overtime/ (single rate). Hours-worked questions are /flsa-hours-worked/.
Sourced lines (re-fetched 28 Aug 2026 PT)
- Official CFR 2025-07-01 Part 778 XML — §§ 778.114, 778.115, 778.207, 778.208, 778.209.
- eCFR § 778.114 (through 26 Aug 2026) — fluctuating workweek: salary ÷ hours; extra ½× on hours over 40. Worked example $600 / 50h → $660.
- eCFR § 778.207 (through 26 Aug 2026) — nightshift differentials in the regular rate; not creditable toward FLSA OT.
- eCFR § 778.209 — bonus added and divided by hours; multi-week bonus apportioned back at ½ × bonus-hourly × OT hours.
- WHD Fact Sheet #23 (rev. Oct 2019) — regular rate = total pay ÷ hours actually worked; extra overtime is half-time when straight time is already paid.
- WHD Fact Sheet #56A (Dec 2019).
40h day @ $20 + 10h night @ $2 differential → straight time $1,020, RR $20.40, extra ½× × 10h = $102, total $1,122.
$100 promised weekly bonus, 50h @ $20 → RR = (1,000+100)/50 = $22; extra ½×$22×10 = $110; total $1,210.
20h @ $20 + 30h @ $30 → weighted average $26; extra ½×$26×10 = $130; total $1,430.
FWW § 778.114: $800 salary, 50h → RR $16, extra 10×$8 = $80, total $880. Official 778.114(b)(1): $600 / 50h → RR $12, extra $60, total $660.
In scope
- Regular rate = total remuneration (minus exclusions) ÷ hours actually worked
- Nightshift $ / hour or % of base, included, not credited toward OT
- Nondiscretionary weekly bonus (apportion a multi-week bonus to this week first)
- Two straight-time rates, weighted average (778.115)
- WHD extra half-time on hours over 40
- Fluctuating workweek § 778.114 (labeled card: salary ÷ hours, extra ½×)
Out of scope
- Single-rate weekly 40 with no differential (that is /overtime/)
- Which punches count as hours worked (that is /flsa-hours-worked/)
- A fourth URL for fluctuating workweek (that card is on this page)
- Discretionary bonuses under 778.211, gifts, overtime premiums that are creditable
- Section 7(g)(2) rate-in-effect overtime
- California daily 8/12 and 7th-day OT on a weighted regular rate (that is /california-weighted-average-overtime/)
Same URL · 29 CFR § 778.114
Fluctuating workweek — salaried nonexempt
Not a new calculator URL. Fixed weekly salary ÷ hours actually worked that week is the regular rate. Extra overtime is ½ × that regular rate × hours over 40 because the salary already covers straight time for every hour, few or many. Official 778.114(b)(1): $600 / 50h → RR $12, extra $60, total $660. Golden: $800 / 50h → RR $16, extra $80, total $880.
FAQ
How is the FLSA regular rate calculated?
29 U.S.C. § 207(e) and Fact Sheet #56A: total remuneration for employment (minus statutory exclusions) divided by hours actually worked that workweek. Fact Sheet #23: overtime is one and one-half times that regular rate for hours over 40. When straight time has already been paid, the additional overtime due is one-half the regular rate times the overtime hours.
Must a nightshift differential go into the regular rate?
Yes. 29 CFR 778.207(b): nightshift differentials, whether a percent of the base rate or so many cents per hour, must be included in the regular rate. No part may be credited toward statutory overtime. Example: 40 day hours at $20 plus 10 night hours at a $2 differential. Straight time already paid is $1,020. Regular rate is $20.40. Extra half-time on 10 overtime hours is $102. Total $1,122.
How is a nondiscretionary weekly bonus treated?
778.208 / 778.209(a): add the bonus to other earnings and divide by hours worked. Example: $100 promised weekly bonus, 50 hours at $20. Regular rate = (1,000+100)/50 = $22. Extra overtime = ½ × $22 × 10 = $110. Total = $1,100 + $110 = $1,210. That is not 40×$20 + 10×$22×1.5 with the bonus omitted from straight time. A bonus covering many weeks is apportioned back; extra OT for each overtime week is ½ × (bonus hourly) × OT hours (778.209).
What if there are two straight-time rates in one week?
29 CFR 778.115: the regular rate is the weighted average. 20 hours at $20 plus 30 hours at $30 → $1,300 / 50 = $26. Extra half-time on 10 overtime hours is $130. Total $1,430. Distinct from /overtime/, which uses a single typed rate.
How does the fluctuating workweek method work?
29 CFR 778.114, labeled card on this page (not a new URL). Salaried nonexempt: regular rate = weekly salary ÷ hours actually worked that week. Additional overtime is ½ × that regular rate × hours over 40 because the fixed salary already paid straight time for all hours. Official 778.114(b)(1) example: $600 salary, 50 hours → RR $12, extra 10 × $6 = $60, total $660. Same arithmetic: $800 salary, 50 hours → RR $16, extra $80, total $880.
