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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 28:28:2.0.3.3.20.2.127.1 | 28 | Judicial Administration | V | C | 548 | PART 548—RELIGIOUS PROGRAMS | B | Subpart B—Religious Beliefs and Practices of Committed Offenders | § 548.10 Purpose and scope. | BOP | (a) The Bureau of Prisons provides inmates of all faith groups with reasonable and equitable opportunities to pursue religious beliefs and practices, within the constraints of budgetary limitations and consistent with the security and orderly running of the institution and the Bureau of Prisons. (b) When considered necessary for the security or good order of the institution, the Warden may limit attendance at or discontinue a religious activity. Opportunities for religious activities are open to the entire inmate population, without regard to race, color, nationality, or ordinarily, creed. The Warden, after consulting with the institution chaplain, may limit participation in a particular religious activity or practice to the members of that religious group. Ordinarily, when the nature of the activity or practice (e.g., religious fasts, wearing of headwear, work proscription, ceremonial meals) indicates a need for such a limitation, only those inmates whose files reflect the pertinent religious preference will be included. (c) The Bureau of Prisons does not require an inmate to profess a religious belief. An inmate may designate any or no religious preference at his/her initial team screening. By notifying the chaplain in writing, an inmate may request to change this designation at any time, and the change will be effected in a timely fashion. | ||||
| 28:28:2.0.3.3.20.2.127.10 | 28 | Judicial Administration | V | C | 548 | PART 548—RELIGIOUS PROGRAMS | B | Subpart B—Religious Beliefs and Practices of Committed Offenders | § 548.19 Pastoral visits. | BOP | If requested by an inmate, the chaplain shall facilitate arrangements for pastoral visits by a clergyperson or representative of the inmate's faith. (a) The chaplain may request an NCIC check and documentation of such clergyperson's or faith group representative's credentials. (b) Pastoral visits may not be counted as social visits. They will ordinarily take place in the visiting room during regular visiting hours. | ||||
| 28:28:2.0.3.3.20.2.127.11 | 28 | Judicial Administration | V | C | 548 | PART 548—RELIGIOUS PROGRAMS | B | Subpart B—Religious Beliefs and Practices of Committed Offenders | § 548.20 Dietary practices. | BOP | [60 FR 46486, Sept. 6, 1995, as amended at 62 FR 44836, Aug. 22, 1997; 68 FR 74860, Dec. 29, 2003] | (a) The Bureau provides inmates requesting a religious diet reasonable and equitable opportunity to observe their religious dietary practice within the constraints of budget limitations and the security and orderly running of the institution and the Bureau through a religious diet menu. The inmate will provide a written statement articulating the religious motivation for participation in the religious diet program. (b) An inmate who has been approved for a religious diet menu must notify the chaplain in writing if the inmate wishes to withdraw from the religious diet. Approval for an inmate's religious diet may be withdrawn by the chaplain if the inmate is documented as being in violation of the terms of the religious diet program to which the inmate has agreed in writing. In order to preserve the integrity and orderly operation of the religious diet program and to prevent fraud, inmates who withdraw (or are removed) may not be immediately reestablished back into the program. The process of reapproving a religious diet for an inmate who voluntarily withdraws or who is removed ordinarily may extend up to thirty days. Repeated withdrawals (voluntary or otherwise), however, may result in inmates being subjected to a waiting period of up to one year. (c) The chaplain may arrange for inmate religious groups to have one appropriate ceremonial or commemorative meal each year for their members as identified by the religious preference reflected in the inmate's file. An inmate may attend one religious ceremonial meal in a calendar year. | |||
| 28:28:2.0.3.3.20.2.127.2 | 28 | Judicial Administration | V | C | 548 | PART 548—RELIGIOUS PROGRAMS | B | Subpart B—Religious Beliefs and Practices of Committed Offenders | § 548.11 Definition. | BOP | For purposes of this subpart, the term “religious activity” includes religious diets, services, ceremonies, and meetings. | ||||
| 28:28:2.0.3.3.20.2.127.3 | 28 | Judicial Administration | V | C | 548 | PART 548—RELIGIOUS PROGRAMS | B | Subpart B—Religious Beliefs and Practices of Committed Offenders | § 548.12 Chaplains. | BOP | [62 FR 44836, Aug. 22, 1997] | Institution chaplains are responsible for managing religious activities within the institution. Institution chaplains are available upon request to provide pastoral care and counseling to inmates through group programs and individual services. Pastoral care and counseling from representatives in the community are available in accordance with the provisions of §§ 548.14 and 548.19. The chaplain may ask the requesting inmate to provide information regarding specific requested religious activities for the purpose of making an informed decision regarding the request. | |||
| 28:28:2.0.3.3.20.2.127.4 | 28 | Judicial Administration | V | C | 548 | PART 548—RELIGIOUS PROGRAMS | B | Subpart B—Religious Beliefs and Practices of Committed Offenders | § 548.13 Schedules and facilities. | BOP | (a) Under the general supervision of the Warden, chaplains shall schedule and direct the institution's religious activities. (b) The Warden may relieve an inmate from an institution program or assignment if a religious activity is also scheduled at that time. (c) Institutions shall have space designated for the conduct of religious activities. | ||||
| 28:28:2.0.3.3.20.2.127.5 | 28 | Judicial Administration | V | C | 548 | PART 548—RELIGIOUS PROGRAMS | B | Subpart B—Religious Beliefs and Practices of Committed Offenders | § 548.14 Community involvement (volunteers, contractors). | BOP | (a) The institution's chaplain may contract with representatives of faith groups in the community to provide specific religious services which the chaplain cannot personally deliver due to, ordinarily, religious prescriptions or ecclesiastical constraints to which the chaplain adheres. (b) The institution's chaplain may secure the services of volunteers to assist inmates in observing their religious beliefs. (c) The Warden or the Warden's designee (ordinarily the chaplain) may require a recognized representative of the faith group to verify a volunteer's or contractor's religious credentials prior to approving his or her entry into the institution. | ||||
| 28:28:2.0.3.3.20.2.127.6 | 28 | Judicial Administration | V | C | 548 | PART 548—RELIGIOUS PROGRAMS | B | Subpart B—Religious Beliefs and Practices of Committed Offenders | § 548.15 Equity. | BOP | No one may disparage the religious beliefs of an inmate, nor coerce or harass an inmate to change religious affiliation. Attendance at all religious activities is voluntary and, unless otherwise specifically determined by the Warden, open to all. | ||||
| 28:28:2.0.3.3.20.2.127.7 | 28 | Judicial Administration | V | C | 548 | PART 548—RELIGIOUS PROGRAMS | B | Subpart B—Religious Beliefs and Practices of Committed Offenders | § 548.16 Inmate religious property. | BOP | [60 FR 46486, Sept. 6, 1995, as amended at 62 FR 44836, Aug. 22, 1997] | (a) Inmate religious property includes but is not limited to rosaries and prayer beads, oils, prayer rugs, phylacteries, medicine pouches, and religious medallions. Such items, which become part of an inmate's personal property, are subject to normal considerations of safety and security. If necessary, their religious significance shall be verified by the chaplain prior to the Warden's approval. (b) An inmate ordinarily shall be allowed to wear or use personal religious items during religious services, ceremonies, and meetings in the chapel, unless the Warden determines that the wearing or use of such items would threaten institution security, safety, or good order. Upon request of the inmate, the Warden may allow the wearing or use of certain religious items throughout the institution, consistent with considerations of security, safety, or good order. The Warden may request the chaplain to obtain direction from representatives of the inmate's faith group or other appropriate sources concerning the religious significance of the items. (c) An inmate who wishes to have religious books, magazines or periodicals must comply with the general rules of the institution regarding ordering, purchasing, retaining, and accumulating personal property. Religious literature is permitted in accordance with the procedures governing incoming publications. Distribution to inmates of religious literature purchased by or donated to the Bureau of Prisons is contingent upon the chaplain's granting his or her approval. | |||
| 28:28:2.0.3.3.20.2.127.8 | 28 | Judicial Administration | V | C | 548 | PART 548—RELIGIOUS PROGRAMS | B | Subpart B—Religious Beliefs and Practices of Committed Offenders | § 548.17 Work assignments. | BOP | When the religious tenets of an inmate's faith are violated or jeopardized by a particular work assignment, a different work assignment ordinarily shall be made after it is requested in writing by the inmate, and the specific religious tenets have been verified by the chaplain. Maintaining security, safety, and good order in the institution are grounds for denial of such request for a different work assignment. | ||||
| 28:28:2.0.3.3.20.2.127.9 | 28 | Judicial Administration | V | C | 548 | PART 548—RELIGIOUS PROGRAMS | B | Subpart B—Religious Beliefs and Practices of Committed Offenders | § 548.18 Observance of religious holy days. | BOP | Consistent with maintaining security, safety, and good order in the institution, the Warden shall endeavor to facilitate the observance of important religious holy days which involve special fasts, dietary regulations, worship, or work proscription. The inmate must submit a written request to the chaplain for time off from work to observe a religious holy day. The Warden may request the chaplain to consult with community representatives of the inmate's faith group and/or other appropriate sources to verify the religious significance of the requested observance. The chaplain will work with requesting inmates to accommodate a proper observance of the holy day. The Warden will ordinarily allow an inmate to take earned vacation days, or to make up for missed work, or to change work assignments in order to facilitate the observance of the religious holy day. | ||||
| 29:29:3.1.1.1.25.1.100.1 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | A | Subpart A—General Regulations | § 548.1 Scope and effect of regulations. | DOL-WHD | [20 FR 5679, Aug. 6, 1955, as amended at 84 FR 68769, Dec. 16, 2019] | The regulations for computing overtime pay under sections 7(g)(1) and 7(g)(2) of the Fair Labor Standards Act of 1938, as amended (“the Act” or “FLSA”), for employees paid on the basis of a piece rate, or at a variety of hourly rates or piece rates, or a combination thereof, are set forth in §§ 778.415 through 778.421. Payment of overtime compensation in accordance with other subsections of section 7 of the Act is explained in part 778 of this title (Interpretive Bulletin on Overtime Compensation). | |||
| 29:29:3.1.1.1.25.1.100.2 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | A | Subpart A—General Regulations | § 548.2 General conditions. | DOL-WHD | [20 FR 5679, Aug. 6, 1955, as amended at 26 FR 7731, Aug. 18, 1961] | The requirements of section 7 of the Act with respect to the payment of overtime compensation to an employee for a workweek longer than the applicable number of hours established in section 7(a) of the Act, will be met under the provisions of section 7(g)(3) of the Act by payments which satisfy all the following standards: (a) Overtime compensation computed in accordance with this part and section 7(g)(3) of the Act is paid pursuant to an agreement or understanding arrived at between the employer and the employee or as a result of collective bargaining before performance of the work; (b) A rate is established by such agreement or understanding as the basic rate to be used in computing overtime compensation thereunder; (c) The established basic rate is a specified rate or a rate which can be derived from the application of a specified method of calculation; (d) The established basic rate is a bona fide rate and is not less than the minimum hourly rate required by applicable law; (e) The basic rate so established is authorized by § 548.3 or is authorized by the Administrator under § 548.4 as being substantially equivalent to the average hourly earnings of the employee, exclusive of overtime premiums, in the particular work over a representative period of time; (f) Overtime hours are compensated at a rate of not less than one and one-half times such established basic rate; (g) The hours for which the employee is paid not less than one and one-half times such established basic rate qualify as overtime hours under section 7(e) (5), (6), or (7) of the Act; (h) The number of hours for which the employee is paid not less than one and one-half times such established basic rate equals or exceeds the number of hours worked by him in any workweek in excess of the maximum workweek applicable to such employees under subsection 7(a) of the Act; (i) The employee's average hourly earnings for the workweek exclusive of payments described in paragraphs (1) through (7) of section 7(e) of the Act are not less than the minimu… | |||
| 29:29:3.1.1.1.25.1.100.3 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | A | Subpart A—General Regulations | § 548.3 Authorized basic rates. | DOL-WHD | [20 FR 5679, Aug. 6, 1955, as amended at 28 FR 11266, Oct. 22, 1963; 31 FR 6769, May 6, 1966; 84 FR 68769, Dec. 16, 2019] | A rate which meets all of the conditions of § 548.2 and which in addition satisfies all the conditions set forth in one of the following paragraphs will be regarded as being substantially equivalent to the average hourly earnings of the employee, exclusive of overtime premiums, in the particular work over a representative period of time and may be used in computing overtime compensation for purposes of section 7(g)(3) of the Act, and § 548.2: (a) A rate per hour which is obtained by dividing a monthly or semi-monthly salary by the number of regular working days in each monthly or semi-monthly period and then by the number or hours in the normal or regular workday. Such a rate may be used to compute overtime compensation for all the overtime hours worked by the employee during the monthly or semimonthly period for which the salary is paid. (b) A rate per hour which is obtained by averaging the earnings, exclusive of payments described in paragraphs (1) through (7) of section 7(e) of the Act, of the employee for all work performed during the workday or any other longer period not exceeding sixteen calendar days for which such average is regularly computed under the agreement or understanding. Such a rate may be used to compute overtime compensation for all the overtime hours worked by the employee during the particular period for which the earnings average is computed. (c) A rate per hour which is obtained by averaging the earnings, exclusive of payments described in paragraphs (1) through (7) of section 7(e) of the Act, of the employee for each type of work performed during each workweek, or any other longer period not exceeding sixteen calendar days, for which such average is regularly computed under the agreement or understanding. Such a rate may be used to compute overtime compensation, during the particular period for which such average is computed, for all the overtime hours worked by the employee at the type of work for which the rate is obtained. (d) The rate or rates which may be used under the Act to … | |||
| 29:29:3.1.1.1.25.1.100.4 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | A | Subpart A—General Regulations | § 548.4 Application for authorization of a “basic rate.” | DOL-WHD | (a) Application may be made by any employer or group of employers, for authorization of a basic rate or rates, other than those approved under § 548.3. Application must be made jointly with any collective bargaining representative of employees covered by the application. Application must be made to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. (b) Each application shall contain the following: (1) A statement of the agreement or understanding arrived at between the employer and employee, including the proposed effective date, the term of the agreement or understanding, and a statement of the applicable overtime provisions, and (2) A description of the basic rate of the method or formula to be used in computing the basic rate for the type of work or position to which it will be applicable, and (3) A statement of the kinds of jobs or employees covered by the agreement, and (4) The facts and reasons relied upon to show that the basic rate so established is substantially equivalent to the average hourly earnings of the employee, exclusive of overtime premiums, in the particular work over a representative period of time. For such showing, a basic rate shall be deemed “substantially equivalent” to the average hourly earnings of the employee if, during a representative period, the employee's total overtime earnings calculated at the basic rate in accordance with the applicable overtime provisions are substantially equivalent to the amount of such earnings when computed in accordance with section 7(a) of the Act on the basis of the employee's average hourly earnings for each workweek, and (5) Such additional information as the Administrator may require. (c) The Administrator shall require that notice of the application be given to affected employees in such manner as he deems appropriate. The Administrator shall notify the applicants in writing of his decision as to each application. (d) In authorizing a basic rate pursuant to this part, the Administrator shall in… | ||||
| 29:29:3.1.1.1.25.2.100.1 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.100 Introductory statement. | DOL-WHD | [20 FR 5680, Aug. 6, 1955, as amended at 26 FR 7731, Aug. 18, 1961] | (a) This subpart contains material explaining and illustrating the terms used in subpart A of this part which were issued under section 7(g)(3) of the Fair Labor Standards Act. The purpose of section 7(g)(3) of the Act, and subpart A of this part, is to provide an exception from the requirements of computing overtime pay at the regular rate, 1 and to allow, under specific conditions, the use of an established “basic” rate 2 instead. Basic rates are alternatives to the regular rate of pay under section 7(a), and their use is optional. The use of basic rates is principally intended to simplify bookkeeping and computation of overtime pay. 1 The regular rate is the average hourly earnings of an employee for a workweek. See §§ 778.107 to 778.122 of this chapter on overtime compensation. Sections 7(g)(1) and 7(g)(2) of the Act permit overtime compensation to be computed, under specified conditions, at time and one-half the bona fide hourly or piece rate applicable to the work performed during the overtime hours. See §§ 778.415 to 778.421 of this chapter. 2 The term “basic” rate as used in this part means the rate authorized under section 7(g)(3) of the Fair Labor Standards Act. Such a rate may be used to compute overtime compensation under the Walsh-Healey Public Contracts Act. (See Rulings and Interpretations No. 3. section 42(e)(1)). However, the term “basic” rate in this part should not be confused with the more general use of the term in the Public Contracts Act to describe all rates which may be used to compute overtime compensation or the use of the term in any other statute. (b) Section 7(g) of the Fair Labor Standards Act provides that an employer will comply with the overtime requirements of the Act if: * * * pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, the amount paid to the employee for the number of hours worked by him in such workweek in excess of the maximum workweek applicable to such employee under such subse… | |||
| 29:29:3.1.1.1.25.2.101.2 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.200 Requirements. | DOL-WHD | [20 FR 5680, Aug. 6, 1955, as amended at 21 FR 338, Jan. 18, 1956] | The following conditions must be satisfied if a “basic” rate is to be considered proper under section 7(g)(3) and subpart A of this part. (a) Agreement or understanding. There must be an agreement or understanding establishing a basic rate or rates. This agreement must be arrived at before performance of the work to which it is intended to apply. It may be arrived at directly with the employee or through his representative. The “basic” rate method of computing overtime may be used for as many of the employees in an establishment as the employer chooses, provided he has reached an agreement or understanding with these employees prior to the performance of the work. 3 3 The records which an employer is required to maintain and preserve for an employee compensated for overtime hours on the basis of a basic rate are described in §§ 516.5(b)(5) and 516.21 of this subchapter. (b) The rate. The established basic rate may be a specified rate or a rate which can be derived from the application of a specified method of calculation. For instance, under certain conditions the Regulations permit the use of the daily average hourly earnings of the employee as a basis for computing daily overtime. 4 Thus, a method rather than a specific rate is authorized. Also, under certain conditions, the cost of a single meal a day furnished to employees may be excluded from the computation of overtime pay. 5 It is the exclusion of the cost of the meals that is authorized and each employee's rate of pay, whatever it may be—an hourly rate, a piece rate or a salary—is his basic rate. 4 See § 548.302. 5 See § 548.304. (c) Minimum wage. The employee's average hourly earnings for the workweek (exclusive of overtime pay and other pay which may be excluded from the regular rate) 6 and the established basic rate used to compute overtime pay may not be less than the legal minimum. 7 6 See §§ 778.200 through 778.225 of this chapter for further discussion of what payments may be excluded. 7 The legal minimum is… | |||
| 29:29:3.1.1.1.25.2.102.3 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.300 Introductory statement. | DOL-WHD | [20 FR 5681, Aug. 6, 1955] | Section 548.3 contains a description of a number of basic rates any one of which, when established by agreement or understanding, is authorized for use without prior specific approval of the Administrator. These basic rates have been found in use in industry and the Administrator has determined that they are substantially equivalent to the straight-time average hourly earnings of the employee over a representative period of time. The authorized basic rates are described below. | |||
| 29:29:3.1.1.1.25.2.102.4 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.301 Salaried employees. | DOL-WHD | [20 FR 5681, Aug. 6, 1955, as amended at 32 FR 3293, Feb. 25, 1967] | (a) Section 548.3(a) authorizes as an established basic rate: “A rate per hour which is obtained by dividing a monthly or semi-monthly salary by the number of regular working days in each monthly or semi-monthly period and then by the number of hours in the normal or regular workday. Such a rate may be used to compute overtime compensation for all the overtime hours worked by the employee during the monthly or semi-monthly period for which the salary is paid.” (b) Section 548.3(a) may be applied to salaried employees paid on a monthly or semi-monthly basis. Under section 7(a) of the Act the method of computing the regular rate of pay for an employee who is paid on a monthly or semi-monthly salary basis is to reduce the salary to its weekly equivalent by multiplying the monthly salary by 12 (the number of months) or the semi-monthly salary by 24, and dividing by 52 (the number of weeks). The weekly equivalent is then divided by the number of hours in the week which the salary is intended to compensate. 8 Section 548.3(a) is designed to provide an alternative method of computing the rate for overtime purposes in the case of an employee who is compensated on a monthly or semi-monthly salary basis, where this method is found more desirable. This method is applicable only where the salary is paid for a specified number of days per week and a specified number of hours per day normally or regularly worked by the employee. It permits the employer to take into account the variations in the number of regular working days in each pay period. The basic rate authorized by § 548.3(a) is obtained by dividing the monthly or semi-monthly salary by the number of regular working days in the month or half-month, and then by the number of hours of the normal or regular work day. 8 See § 778.113 of this chapter. (c) The overtime compensation for each workweek should be computed at not less than time and one-half the established basic rate applicable in the period during which the overtime is worked. Thus, in the example give… | |||
| 29:29:3.1.1.1.25.2.102.5 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.302 Average earnings for period other than a workweek. | DOL-WHD | [20 FR 5681, Aug. 6, 1955, as amended at 26 FR 7731, Aug. 18, 1961] | (a) Section 548.3(b) authorizes as an established basic rate: “A rate per hour which is obtained by averaging the earnings, exclusive of payments described in paragraphs (1) through (7) of section 7(e) of the act, of the employee for all work performed during the workday or any other longer period not exceeding sixteen calendar days for which such average is regularly computed under the agreement or understanding. Such a rate may be used to compute overtime compensation for all the overtime hours worked by the employee during the particular period for which the earnings average is computed.” (b)(1) The ordinary method of computing overtime under the act is at the employee's regular rate of pay, obtained by averaging his hourly earnings for each workweek. Section 548.3(b) authorizes overtime to be computed on the basis of the employee's average hourly earnings for a period longer or shorter than a workweek. It permits the payment of overtime compensation on the basis of average hourly earnings for a day, a week, two weeks or any period up to 16 calendar days, if the period is established and agreed to with the employee prior to the performance of the work. 9 The agreement or understanding may contemplate that the basic rate will be the average hourly earnings for a day or a specified number of days within the sixteen day limit, or it may provide that the basic rate will be the average hourly earnings for the period required to complete a specified job or jobs. 9 Averaging over periods in excess of 16 calendar days may in appropriate cases be authorized by the Administrator under § 548.4. 10 See § 548.301 (c) for a discussion of the method of computing overtime for an employee paid on a semi-monthly basis. (2) In this connection it should be noted that although the basic rate is obtained by averaging earnings over a period other than a workweek the number of overtime hours under the act must be determined on a workweek basis. (c) In computing the basic rate under § 548.3(b), the employer may exclude fr… | |||
| 29:29:3.1.1.1.25.2.102.6 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.303 Average earnings for each type of work. | DOL-WHD | [20 FR 5681, Aug. 6, 1955, as amended at 32 FR 3293, Feb. 25, 1967] | (a) Section 548.3(c) authorizes as an established basic rate: “A rate per hour which is obtained by averaging the earnings, exclusive of payments described in paragraphs (1) through (7) of section 7(e) of the act, of the employee for each type of work performed during each workweek, or any other longer period not exceeding sixteen calendar days, for which such average is regularly computed under the agreement or understanding. Such a rate may be used to compute overtime compensation, during the particular period for which such average is computed, for all the overtime hours worked by the employee at the type of work for which the rate is obtained.” (b) Section 548.3(c) differs from § 548.3(b) in this way: Section 548.3(b) provides for the computation of the basic rate on the average of all earnings during the specified period; § 548.3(c) permits the basic rate to be computed on the basis of the earnings for each particular type of work. Thus, if the employee performs different types of work, each involving a different rate of pay such as different piece-rate, job rates, or a combination of these with hourly rates, a separate basic rate may be computed for each type of work and overtime computed on the basis of the rate or rates applicable to the type of work performed during the overtime hours. | |||
| 29:29:3.1.1.1.25.2.102.7 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.304 Excluding value of lunches furnished. | DOL-WHD | [20 FR 5682, Aug. 6, 1955, as amended at 21 FR 338, Jan. 18, 1956] | (a) Section 548.3(d) authorizes as established basic rates: The rate or rates which may be used under the Act to compute overtime compensation of the employee but excluding the cost of meals where the employer customarily furnishes not more than a single meal per day. The rate or rates which may be used under the Act to compute overtime compensation of the employee but excluding the cost of meals where the employer customarily furnishes not more than a single meal per day. (b) It is the purpose of § 548.3(d) to permit the employer upon agreement with his employees to omit from the computation of overtime the cost of a free daily lunch or other single daily meal furnished to the employees. The policy behind § 548.3(d) is derived from the Administrator's experience that the amount of additional overtime compensation involved in such cases is trivial and does not justify the bookkeeping required in computing it. Section 548.3(d) is applicable only in cases where the employer customarily furnishes no more than a single meal a day. If more than one meal a day is customarily furnished by the employer all such meals must be taken into account in computing the regular rate of pay and the overtime compensation due. 12 In a situation where the employer furnishes three meals a day to his employees he may not, under § 548.3(d), omit one of the three meals in computing overtime compensation. However, if an employer furnishes a free lunch every day and, in addition, occasionally pays “supper money” 13 when the employees work overtime, the cost of the lunches and the supper money may both be excluded from the overtime rates. 12 See § 531.37 of this chapter. 13 See § 778.217(b)(4) of this chapter. | |||
| 29:29:3.1.1.1.25.2.102.8 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.305 Excluding certain additions to wages. | DOL-WHD | [31 FR 6769, May 6, 1966, as amended at 84 FR 68769, Dec. 16, 2019] | (a) See § 548.3(e) for authorized established basic rates. (b) Section 548.3(e) permits the employer, upon agreement or understanding with the employee, to omit from the computation of overtime certain incidental payments which have a trivial effect on the overtime compensation due. Examples of payments which may be excluded are: modest housing, bonuses or prizes of various sorts, tuition paid by the employer for the employee's attendance at a school, and cash payments or merchandise awards for soliciting or obtaining new business. It may also include such things as payment by the employer of the employee's social security tax. (c) The exclusion of one or more additional payments under § 548.3(e) must not affect the overtime compensation of the employee by more than 40 percent of the applicable hourly minimum wage under either section 6(a) of the Act or the state or local law applicable in the jurisdiction in which the employee is employed, whichever is higher, per week on the average for the overtime weeks. (1) Example. An employee, who normally would come within the 40-hour provision of section 7(a) of the Act, is paid a cost-of-living bonus of $1300 each calendar quarter, or $100 per week. The employee works overtime in only 2 weeks in the 13-week period, and in each of these overtime weeks he works 50 hours. He is therefore entitled to $10 as overtime compensation on the bonus for each week in which overtime was worked ( i.e., $100 bonus divided by 50 hours equals $2 an hour; 10 overtime hours, times one-half, times $2 an hour, equals $10 per week). Forty percent of the minimum wage of $7.25 is $2.90 (this example assumes the employee works in a state or locality that does not have a minimum wage that is higher than the minimum wage under the FLSA). Since the overtime on the bonus is more than $2.90 on the average for the 2 overtime weeks, this cost-of-living bonus would be included in the overtime computation under § 548.3(e). (2) [Reserved] (d) It is not always necessary to make elaborate computatio… | |||
| 29:29:3.1.1.1.25.2.102.9 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.306 Average earnings for year or quarter year preceding the current quarter. | DOL-WHD | [28 FR 11266, Oct. 22, 1963, as amended at 32 FR 3293, Feb. 26, 1967] | (a) Section 548.3(f)(1) authorizes as an established basic rate: A rate per hour for each workweek equal to the average hourly remuneration of the employee for employment during the annual period or the quarterly period immediately preceding the calendar or fiscal quarter year in which such workweek ends, provided (i) it is a fact, confirmed by proper records of the employer, that the terms, conditions, and circumstances of employment during such prior period, including weekly hours of work, work assignments and duties, and the basis of remuneration for employment, were not significantly different from the terms, conditions, and circumstances of employment which affect the employee's regular rates of pay during the current quarter year, and (ii) such average hourly remuneration during the prior period is computed by the method or methods authorized in the following subparagraphs. A rate per hour for each workweek equal to the average hourly remuneration of the employee for employment during the annual period or the quarterly period immediately preceding the calendar or fiscal quarter year in which such workweek ends, provided (i) it is a fact, confirmed by proper records of the employer, that the terms, conditions, and circumstances of employment during such prior period, including weekly hours of work, work assignments and duties, and the basis of remuneration for employment, were not significantly different from the terms, conditions, and circumstances of employment which affect the employee's regular rates of pay during the current quarter year, and (ii) such average hourly remuneration during the prior period is computed by the method or methods authorized in the following subparagraphs. (b) There may be circumstances in which it would be impossible or highly impracticable for an employer at the end of a pay period to compute, allocate, and pay to an employee certain kinds of remuneration for employment during that pay period. This may be true in the case of such types of compensation as commissions, recur… | |||
| 29:29:3.1.1.1.25.2.103.10 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.400 Procedures. | DOL-WHD | [20 FR 5682, Aug. 6, 1955, as amended at 21 FR 338, Jan. 18, 1956; 32 FR 3294, Feb. 25, 1967; 84 FR 68770, Dec. 16, 2019] | (a) If an employer wants to use an established basic rate other than one of those authorized under § 548.3, he must obtain specific prior approval from the Administrator. For example, if an employer wishes to compute overtime compensation for piece workers for each workweek in a 4-week period at established basic rates which are the straight-time average hourly earnings for each employee for the immediately preceding 4-week period, he should apply to the Administrator for authorization. The application for approval of such a basic rate should be addressed to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. No particular form of application is required but the minimum necessary information outlined in § 548.4 should be included. The application may be made by an employer or a group of employers. If any of the employees covered by the application is represented by a collective bargaining agent, a joint application of the employer and the bargaining agent should be filed. It is not necessary to file separate applications for each employee. One application will cover as many employees as will be paid at the proposed basic rate or rates. (b) Prior approval of the Administrator is also required if the employer desires to use a basic rate or basic rates which come within the scope of a combination of two or more of the paragraphs in § 548.3 unless the basic rate or rates sought to be adopted meet the requirements of a single paragraph in § 548.3. For instance, an employee may receive free lunches, the cost of which, by agreement or understanding, is not to be included in the rate used to compute overtime compensation. 17 In addition, the employee may receive an attendance bonus which, by agreement or understanding, is to be excluded from the rate used to compute overtime compensation. 18 Since these exclusions involve two paragraphs of § 548.3, prior approval of the Administrator would be necessary unless the exclusion of the cost of the free lunches together with the… | |||
| 29:29:3.1.1.1.25.2.103.11 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.401 Agreement or understanding. | DOL-WHD | [20 FR 5683, Aug. 6, 1955, as amended at 21 FR 338, Jan. 18, 1956] | If the agreement or understanding establishing the basic rate is in writing, whether incorporated in a collective bargaining agreement or not, a copy of the agreement or understanding should be attached to the application. If it is not in writing, however, the application to the Administrator for approval of a basic rate should contain a written statement describing the substance of the agreement or understanding, including the proposed effective date and term of the agreement or understanding. The term of the agreement or understanding may be of definite duration, or may run indefinitely until modified or changed. If an agreement or understanding is modified, a new application for authorization should be made. 19 19 See § 548.200 for a further explanation of the requirements as to the agreement or understanding establishing the basic rate. | |||
| 29:29:3.1.1.1.25.2.103.12 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.402 Applicable overtime provisions. | DOL-WHD | [20 FR 5683, Aug. 6, 1955] | The application should also contain a description of the terms of employment relating to overtime so that the Administrator can determine how the established basic rate will be used if it is approved. For instance, if the employees are to be paid time and one-half the basic rate for all hours worked in excess of 35 each workweek, this should be stated in the application. If the employees are to be paid double time for work on Sundays the application should so state. | |||
| 29:29:3.1.1.1.25.2.103.13 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.403 Description of method of calculation. | DOL-WHD | [20 FR 5683, Aug. 6, 1955] | The established basic rate for which approval will be sought will normally be a formula or method of calculation of a rate rather than a specific dollars and cents rates. 20 The application should contain a complete description of the formula or method of calculation of the established basic rate, including any necessary examples which will enable the Administrator to understand how the rate will be computed and applied. 20 See § 548.200. | |||
| 29:29:3.1.1.1.25.2.103.14 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.404 Kinds of jobs or employees. | DOL-WHD | [20 FR 5683, Aug. 6, 1955] | The application should describe or otherwise identify the employees to whom the established basic rate will apply. The individual employees need not be identified by name but may be described in terms of job classification, department, location or other appropriate identifying characteristics. | |||
| 29:29:3.1.1.1.25.2.103.15 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.405 Representative period. | DOL-WHD | [20 FR 5683, Aug. 6, 1955] | (a) The application must set forth the facts relied upon to show that the established basic rate is substantially equivalent to the average hourly earnings of the employee exclusive of overtime premiums over a representative period of time. 21 The basic rate will be considered “substantially equivalent” to the average hourly earnings of the employee if, during a representative period, the employee's total overtime earnings calculated at the basic rate in accordance with the applicable overtime provisions are approximately equal to the employee's total overtime earnings computed on his average hourly earnings for each workweek in accordance with section 7(a) of the Act. 22 21 See §§ 778.200 through 778.207 of this chapter for further discussion of overtime premiums which may be excluded from the regular rate of pay. 22 See §§ 778.208 through 778.225 of this chapter for further discussion of the exclusion of vacation pay, holiday pay, discretionary bonuses and other payments from the average hourly earnings which comprise the employee's regular rate of pay. (b) The length of time constituting a representative period will depend on the factors that cause the employee's average hourly earnings to vary appreciably from week to week. For instance, if the variation in earnings of an employee paid on an incentive basis is due to the difference in availability of work in the slow and busy seasons the period used for comparison of overtime earnings would have to include both a slow and a busy season in order to be representative. Likewise, if a piece-worker's average hourly earnings vary appreciably from week to week because of differences in materials or styles worked on, the period used for purposes of comparison would have to include work on the different materials and styles in order to be representative. | |||
| 29:29:3.1.1.1.25.2.104.16 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.500 Methods of computation. | DOL-WHD | [20 FR 5683, Aug. 6, 1955, as amended at 26 FR 7732, Aug. 18, 1961] | The methods of computing overtime pay on the basic rates for piece workers, hourly rated employees, and salaried employees are the same as the methods of computing overtime pay at the regular rate. 23 See § 548.302. 24 See § 548.301. | |||
| 29:29:3.1.1.1.25.2.104.17 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.501 Overtime hours based on nonstatutory standards. | DOL-WHD | [26 FR 7732, Aug. 18, 1961] | Many employees are paid daily overtime pay or Saturday overtime pay or overtime pay on a basis other than the statutory standard of overtime pay required by section 7(a) of the Act. In these cases, the number of hours for which an employee is paid at least one and one-half times an established basic rate must equal or exceed the number of hours worked in excess of the applicable number of hours established in section 7(a) of the Act in the workweek. However, only overtime hours under the employment agreement which also qualify as overtime hours under section 7(e) (5), (6), or (7) of the Act 25 may be offset against the hours of work in excess of the applicable number of hours established in section 7(a) of the Act. 25 See §§ 778.201 through 778.207 of this chapter. | |||
| 29:29:3.1.1.1.25.2.104.18 | 29 | Labor | V | A | 548 | PART 548—AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY | B | Subpart B—Interpretations | § 548.502 Other payments. | DOL-WHD | [20 FR 5683, Aug. 6, 1955] | Extra overtime compensation must be separately computed and paid on payments such as bonuses or shift differentials which are not included in the computation of the established basic rate and which would have been included in the regular rate of pay. 26 26 Unless specifically excluded by agreement or understanding and prior authorization is obtained from the Administrator. See § 548.400(b). 27 See § 778.209 of this chapter for an explanation of how to compute overtime on the bonus. | |||
| 9:9:2.0.2.5.60.0.40.1 | 9 | Animals and Animal Products | III | F | 548 | PART 548—PREPARATION OF PRODUCTS | § 548.1 Preparation of fish products. | FSIS | (a) All processes used in preparing any fish product in official establishments shall be subject to inspection by Program employees unless such preparation is conducted as or consists of operations that are exempted from inspection under 9 CFR 303.1. No fixtures or appliances, such as tables, trucks, trays, tanks, vats, machines, implements, cans, or containers of any kind, shall be used unless they are of such materials and construction as will not contaminate or otherwise adulterate the product and are clean and sanitary. All steps in the preparation of edible products shall be conducted carefully and with strict cleanliness in rooms or compartments separate from those used for inedible products. (b) It shall be the responsibility of the operator of every official establishment to comply with the Act and the regulations in this subchapter. To carry out this responsibility effectively, the operator of the establishment shall institute appropriate measures to ensure the maintenance of the establishment and the preparation, marking, labeling, packaging and other handling of its products strictly in accordance with the sanitary and other requirements of this subchapter. | ||||||
| 9:9:2.0.2.5.60.0.40.2 | 9 | Animals and Animal Products | III | F | 548 | PART 548—PREPARATION OF PRODUCTS | § 548.2 Requirements concerning ingredients and other articles used in the preparation of fish products. | FSIS | All ingredients and other articles used in the preparation of any fish product must be clean, sound, healthful, wholesome, and otherwise such as will not result in the product's being adulterated. | ||||||
| 9:9:2.0.2.5.60.0.40.3 | 9 | Animals and Animal Products | III | F | 548 | PART 548—PREPARATION OF PRODUCTS | § 548.3 Samples of products, water, dyes, chemicals, etc. to be taken for examination. | FSIS | Samples of products, water, dyes, chemicals, preservatives, spices, or other articles in any official establishment shall be taken, without cost to the Program, for examination, as often as may be deemed necessary for the efficient conduct of the inspection. | ||||||
| 9:9:2.0.2.5.60.0.40.4 | 9 | Animals and Animal Products | III | F | 548 | PART 548—PREPARATION OF PRODUCTS | § 548.4 [Reserved] | FSIS | |||||||
| 9:9:2.0.2.5.60.0.40.5 | 9 | Animals and Animal Products | III | F | 548 | PART 548—PREPARATION OF PRODUCTS | § 548.5 Ready-to-eat fish products. | FSIS | Ready-to-eat fish products are subject to the requirements in part 430 of this chapter. | ||||||
| 9:9:2.0.2.5.60.0.40.6 | 9 | Animals and Animal Products | III | F | 548 | PART 548—PREPARATION OF PRODUCTS | § 548.6 Canning and canned products. | FSIS | [80 FR 75616, Dec. 2, 2015, as amended at 83 FR 25325, May 31, 2018] | The requirements for canning and canned products in 9 CFR part 431 apply to fish products that are canned. | |||||
| 9:9:2.0.2.5.60.0.40.7 | 9 | Animals and Animal Products | III | F | 548 | PART 548—PREPARATION OF PRODUCTS | § 548.7 Use of new animal drugs. | FSIS | Edible tissues of fish with residues exceeding tolerance levels specified in 21 CFR part 556 or established in an import tolerance under 21 U.S.C. 360b(a)(6) are adulterated within the meaning of section 402(a)(2)(C)(ii) of the Federal Food, Drug, and Cosmetic Act because they bear or contain a new animal drug that is unsafe within the meaning of section 512 of the Federal Food, Drug, and Cosmetic Act. | ||||||
| 9:9:2.0.2.5.60.0.40.8 | 9 | Animals and Animal Products | III | F | 548 | PART 548—PREPARATION OF PRODUCTS | § 548.8 Polluted water contamination at establishment. | FSIS | In the event that there is polluted water (including but not limited to flood water) in an official establishment, all products and ingredients for use in the preparation of the products that have been rendered adulterated by the water must be condemned. After the polluted water has receded from the establishment, the establishment must follow the cleaning and sanitizing procedures in § 318.4 of this chapter. | ||||||
| 9:9:2.0.2.5.60.0.40.9 | 9 | Animals and Animal Products | III | F | 548 | PART 548—PREPARATION OF PRODUCTS | § 548.9 Accreditation of non-Federal chemistry laboratories. | FSIS | A non-Federal analytical laboratory that has met the requirements for accreditation specified in 9 CFR part 439 and hence, at an establishment's discretion, may be used in lieu of an FSIS laboratory for analyzing official regulatory samples. Payment for the analysis of regulatory samples is to be made by the establishment using the accredited laboratory. |
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