29 CFR 778.213 - Profit-sharing, thrift, and savings plans.

Code of Federal Regulations - Title 29: Labor

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Title 29: Labor

Subtitle B: Regulations Relating to Labor (Continued)

CHAPTER V: WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

SUBCHAPTER B: STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS

PART 778: OVERTIME COMPENSATION

Subpart C: Payments That May Be Excluded From the ?Regular Rate?

: Bonuses

778.213 - Profit-sharing, thrift, and savings plans.Section 7(e)(3)(b) of the Act provides that the term ?regular rate? shall not be deemed to include ?sums paid in recognition of services performed during a given period if * * * the payments are made pursuant to a bona fide profit-sharing plan or trust or bona fide thrift or savings plan, meeting the requirements of the Secretary of Labor set forth in appropriate regulations * * *?. Such sums may not, however, be credited toward overtime compensation due under the Act. The regulations issued under this section are parts 547 and 549 of this chapter. Payments in addition to the regular wages of the employee, made by the employer pursuant to a plan which meets the requirements of the regulations in part 547 or 549 of this chapter, will be properly excluded from the regular rate.

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