29 C.F.R. §778.119 - Deferred commission payments-general rules

Cite as29 C.F.R. §778.119
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15 cases
  • Cerutti v. Frito Lay Inc., Civil Action No. 09–22.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • March 28, 2011
    ...be added to the employee's other earnings for that week for purposes of determining the employee's regular rate. 29 C.F.R. §§ 778.118, 778.119. It relies upon Lance v. Scotts Lawn Service, Inc., No. 04–5270, 2005 WL 1785315, at *18 (N.D.Ill. July 21, 2005) (rejecting the plaintiff's argumen......
  • CERUTTI v. FRITO LAY INC., CIVIL ACTION NO. 09-22
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • March 28, 2011
    ...added to the Page 37employee's other earnings for that week for purposes of determining the employee's regular rate. 29 C.F.R. §§ 778.118, 778.119. It relies upon Lance v. Scotts Lawn Service, Inc., No. 04-5270, 2005 WL 1785315, at *18 (N.D. Ill. July 21, 2005) (rejecting the plaintiff's ar......
  • Powers v. CENTENNIAL COMMUNICATIONS CORP., Cause No. 1:08-cv-208-PPC.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • December 14, 2009
    ...by statute or caselaw. But the term "earned" shows up elsewhere in the regulations, and that seems like a sensible place to start. 29 C.F.R. § 778.119, which addresses not only late overtime payments, but their intersection with commissions, If the calculation and payment of the commission ......
  • Kaiser v. At the Beach, Inc., Case No. 08-CV-586-TCK-FHM
    • United States
    • United States District Courts. 10th Circuit. Northern District of Oklahoma
    • December 28, 2011
    ...Conclusions of Law 127-128.133. The commission regulations also explain how to compensate an employee for deferred commissions. See 29 C.F.R. §§ 778.119-120. In § 778.119, the regulations explain:When the commission can be computed and paid, additional overtime compensation due by reason of......
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1 firm's commentaries
  • FLSA Hot Topic: The Fluctuating Workweek and Commission Pay
    • United States
    • LexBlog United States
    • December 12, 2011
    ...prevents their simultaneous application. The application of the overtime requirements to deferred commission payments is addressed in 29 C.F.R. § 778.119 et seq. Pursuant to 29 C.F.R. §§ 779.117 through 779.121, any amounts due for overtime from commissions or incentive compensation would l......

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