29 C.F.R. §778.211 - Discretionary bonuses

Cite as29 C.F.R. §778.211
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78 cases
  • Ferra v. Loews Hollywood Hotel, LLC
    • United States
    • United States State Supreme Court (California)
    • July 15, 2021
    ...Update of the DLSE Enforcement Policies and Interpretations Manual (rev. 2019) § 49.1.2.4(3), p. 49-3 (2019 DLSE Manual), citing 29 C.F.R. §§ 778.211, 778.213 (2021) ; see C.F.R. § 778.211 (2021) [a payment is discretionary if "both the fact that payment is to be made and the amount of the ......
  • Senne v. Kan. City Royals Baseball Corp.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • July 21, 2016
    ...29 U.S.C. section 207(e)(3), which exempts "[s]ums paid in recognition of hours performed" if they meet certain criteria. Id. (citing 29 C.F.R. § 778.211). Whether the bonus and incentive payments are or are not a part of the class members' salaries, however, Plaintiffs argue that they "can......
  • McLaughlin v. McGee Bros. Co., Inc.
    • United States
    • United States District Courts. 4th Circuit. Western District of North Carolina
    • March 11, 1988
    ...hourly rate of pay allocable to the bonus for that week multiplied by the number of statutory overtime hours worked during the week. 29 C.F.R. § 778.211(c) Discretionary Bonuses. Promised bonuses not excluded. The bonus, to be excluded under section 7(e)(3)(a), must not be paid "pursuant to......
  • Hisle v. Todd Pacific Shipyards Corp., 48478-8-I.
    • United States
    • Court of Appeals of Washington
    • September 16, 2002
    ...on the part of the employer as provided under 29 U.S.C. § 207(e)(3), but rather were required by the contract itself. See 29 C.F.R. § 778.211 (any bonus "which is the result of collective bargaining would not be excluded from the regular rate under [§ 207(e)(3)]"). Id. at 1466 (Sloviter, J.......
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18 firm's commentaries
  • The Littler Report: Wage And Hour Class Actions In The Healthcare Industry - March 2012
    • United States
    • JD Supra United States
    • March 23, 2012
    ...162 29 C.F.R. § 778.210. 163 29 C.F.R. § 778.208 and § 778.211. 164 29 C.F.R. § 778.218(a). 165 29 U.S.C. §§ 207(e)(1), (2). 166 29 C.F.R. § 778.211(b). 167 Id. 168 29 C.F.R. § 778.220 and § 778.221. 169 29 C.F.R. § 778.116. 170 29 U.S.C. § 207(e); 29 C.F.R. § 778.207(b); see also O’Brien v......
  • The New Year Brings New Guidance on FLSA Issues from the U.S. Department of Labor
    • United States
    • JD Supra United States
    • January 16, 2020
    ...must allocate the bonus to the initial ten-week training period because the additional training is not required to retain the bonus. 29 C.F.R. § 778.211(c). For bonuses that cover more than one pay period, the regulations describe two ways to allocate bonuses: (i) dividing the bonus amount ......
  • The New Year Brings New Guidance on FLSA Issues from the U.S. Department of Labor
    • United States
    • LexBlog United States
    • January 15, 2020
    ...must allocate the bonus to the initial ten-week training period because the additional training is not required to retain the bonus. 29 C.F.R. § 778.211(c). For bonuses that cover more than one pay period, the regulations describe two ways to allocate bonuses: (i) dividing the bonus amount ......
  • Department Of Labor Proposes Amended Regulations Concerning FLSA’s ‘Regular Rate’
    • United States
    • JD Supra United States
    • April 3, 2019
    ...“clarity” for employers and employees. The proposed regulations reiterate that a bonus’s label is not determinative. A new section (29 C.F.R. § 778.211(d)) expressly provides that “the label assigned to a bonus does not conclusively determine whether a bonus is discretionary under section 7......
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