29 CFR 778.318 - Productive and nonproductive hours of work

Cite as29 CFR 778.318
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31 practice notes
  • Lasater v. DirecTV, LLC, Case No. 2:16-cv-01373-SVW-AS
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • November 2, 2017
    ...only productive time influences the calculation of a regular rate here because Installers were not paid for non-productive time.27 See 29 C.F.R. 778.318(b) ("In the absence of any agreement setting a different rate for nonproductive hours, the employee would be owed compensation at the regu......
  • Alston v. Directv, Inc., Civil Action No. 3:14-cv-04093-JMC.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • May 26, 2017
    ...in the workweek in excess of 40 and multiplying that number by half the regular rate. Id.14 The Department of Labor's guidance in 29 C.F.R. § 778.318 covers three piece-rate employment situations. Subsection (a) explains that when the parties "agree[ ] [to] provide payment only for the hour......
  • Pest v. Bridal Works of N.Y., Inc., 16 CV 1523 (CLP)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • July 27, 2017
    ...total amount of hours she worked during the workweek or only on the first 40 hours she worked in a week. Plaintiff argues that under 29 C.F.R. § 778.318(c), unless an employer and employee have agreed that the piece-rate will compensate the employee for all hours worked, there is a presumpt......
  • Wales v. Jack M. Berry, Inc., No. 95-66-CIV-FTM-23(B).
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • March 25, 1999
    ...at the work site but must wait to work or must wait to satisfy the procedures imposed by the employer (e.g., inspection of groves). 29 C.F.R. 778.318, 785.14, 785.15, 785.16, 31. While some meal periods may be compensable, bona fide meal periods are not. 29 C.F.R. 785.19. The defendants all......
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30 cases
  • Lasater v. DirecTV, LLC, Case No. 2:16-cv-01373-SVW-AS
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • November 2, 2017
    ...only productive time influences the calculation of a regular rate here because Installers were not paid for non-productive time.27 See 29 C.F.R. 778.318(b) ("In the absence of any agreement setting a different rate for nonproductive hours, the employee would be owed compensation at the regu......
  • Alston v. Directv, Inc., Civil Action No. 3:14-cv-04093-JMC.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • May 26, 2017
    ...in the workweek in excess of 40 and multiplying that number by half the regular rate. Id.14 The Department of Labor's guidance in 29 C.F.R. § 778.318 covers three piece-rate employment situations. Subsection (a) explains that when the parties "agree[ ] [to] provide payment only for the hour......
  • Pest v. Bridal Works of N.Y., Inc., 16 CV 1523 (CLP)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • July 27, 2017
    ...total amount of hours she worked during the workweek or only on the first 40 hours she worked in a week. Plaintiff argues that under 29 C.F.R. § 778.318(c), unless an employer and employee have agreed that the piece-rate will compensate the employee for all hours worked, there is a presumpt......
  • Wales v. Jack M. Berry, Inc., No. 95-66-CIV-FTM-23(B).
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • March 25, 1999
    ...at the work site but must wait to work or must wait to satisfy the procedures imposed by the employer (e.g., inspection of groves). 29 C.F.R. 778.318, 785.14, 785.15, 785.16, 31. While some meal periods may be compensable, bona fide meal periods are not. 29 C.F.R. 785.19. The defendants all......
  • Request a trial to view additional results
1 firm's commentaries
  • Two New Wage And Hour Cases: One Good News For Employers, One Not So Good
    • United States
    • Mondaq United States
    • May 2, 2013
    ...consider the piece rate to cover all hours worked or "on the clock." Indeed, under federal wage and hour law a specific regulation (29 C.F.R. § 778.318(c)) authorizes the legality of a system in which the parties understand that the piece-rate compensation system is intended to cover both p......

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