29 CFR 778.406 - Nonovertime hours as well as overtime hours must be irregular if section 7(f) is to apply

Cite as29 CFR 778.406
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10 practice notes
  • Donovan v. Brown Equipment and Service Tools, Inc., No. 80-1708
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 21, 1982
    ...Gin Co., 259 F.Supp. 198, 200 (M.D.Ala.1966), aff'd per curiam, 386 F.2d 995 (5th Cir. 1967); Interpretative Bulletin, 29 C.F.R. § 778.406 (1980) (found in Foremost Dairies, supra, to be a "valid and reasonable interpretation of ... Section 6 Sometimes after a worker had come in from workin......
  • Schweninger v. Advanced Vision Tech., Inc., Case No. 15 C 07009
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • March 31, 2017
    ...work requirements, not vacations, holidays, illness or reasons personal to the employee." Brown Equip. , 666 F.2d at 154 ; see also 29 C.F.R. § 778.406. "Significant number of weeks" is not well-defined, but it is clear from the case law that it does not require fluctuation below 40 hours a......
  • Haynes v. Tru-Green Corp., TRU-GREEN
    • United States
    • United States Appellate Court of Illinois
    • May 4, 1987
    ...history of section 207(f) of the FLSA suggests an intent to suspend section 207(a) of the FLSA's general overtime provisions. (29 C.F.R. sec. 778.406 (1986).) The requirement of fluctuating hours in section 778.114 of the regulations necessarily implies fluctuation in the overtime-hours ran......
  • Brennan v. Valley Towing Co., Inc., No. 73-2896
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 17, 1975
    ...scope of the § 207(f) exception even further. Viewing the exception in light of both the Secretary's administrative interpretation, 29 C.F.R. § 778.406, and that section's statutory history and central purpose, the court found a so-called "Belo contract" invalid where there were only occasi......
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10 cases
  • Donovan v. Brown Equipment and Service Tools, Inc., No. 80-1708
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 21, 1982
    ...Gin Co., 259 F.Supp. 198, 200 (M.D.Ala.1966), aff'd per curiam, 386 F.2d 995 (5th Cir. 1967); Interpretative Bulletin, 29 C.F.R. § 778.406 (1980) (found in Foremost Dairies, supra, to be a "valid and reasonable interpretation of ... Section 6 Sometimes after a worker had come in from workin......
  • Schweninger v. Advanced Vision Tech., Inc., Case No. 15 C 07009
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • March 31, 2017
    ...work requirements, not vacations, holidays, illness or reasons personal to the employee." Brown Equip. , 666 F.2d at 154 ; see also 29 C.F.R. § 778.406. "Significant number of weeks" is not well-defined, but it is clear from the case law that it does not require fluctuation below 40 hours a......
  • Haynes v. Tru-Green Corp., TRU-GREEN
    • United States
    • United States Appellate Court of Illinois
    • May 4, 1987
    ...history of section 207(f) of the FLSA suggests an intent to suspend section 207(a) of the FLSA's general overtime provisions. (29 C.F.R. sec. 778.406 (1986).) The requirement of fluctuating hours in section 778.114 of the regulations necessarily implies fluctuation in the overtime-hours ran......
  • Brennan v. Valley Towing Co., Inc., No. 73-2896
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 17, 1975
    ...scope of the § 207(f) exception even further. Viewing the exception in light of both the Secretary's administrative interpretation, 29 C.F.R. § 778.406, and that section's statutory history and central purpose, the court found a so-called "Belo contract" invalid where there were only occasi......
  • Request a trial to view additional results

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