FLSA premium-credit cheat sheet

Readable tip sheet — not a calculator. When daily overtime, Sunday/special-day, and lump-sum premiums sit inside or outside the regular rate (RR), and whether they credit toward FLSA statutory overtime.

Quick map

Premium type	In regular rate?	Creditable toward FLSA OT?	Cite
True daily / weekly excess premium (e.g. time-and-a-half after 8 in a day)	Out (extra premium portion)	Yes — under §7(h)	29 CFR 778.202
Sunday / Saturday / holiday / day-of-rest premium at at least 1½× bona fide rate	Out	Yes	29 CFR 778.203
Same “special day” premium below 1½× (and not otherwise a §7(e)(5) OT premium)	In	No	29 CFR 778.203
Lump / flat sum for overtime or Sunday work that does not vary with OT hours	In	No	29 CFR 778.310

778.202 — Daily (and weekly) excess premiums

Extra pay that is actually contingent on hours over 8 in a day, over 40 in a week, or over the employee’s normal/regular daily or weekly hours can be a true overtime premium.
That extra premium is excludable from the regular rate under FLSA §7(e)(5) and creditable toward statutory overtime under §7(h).
Artificial “straight time then overtime” splits of a normal day (devices to evade the Act) keep the higher rate inside the RR — see also 778.501.
Source: Cornell LII — 29 CFR § 778.202.

778.203 — Sunday / special-day premiums

Premiums for work on Saturdays, Sundays, holidays, regular days of rest, or the sixth/seventh day of the workweek can be OT premiums only if the rate is at least time and one-half the bona fide rate for like work on other days.
Qualify → out of RR and creditable. Fail the 1½× test (and not otherwise a 7(e)(5) premium) → in RR, not creditable.
Must be paid because work is on that special day — not, for example, only as a short-notice penalty (that kind of extra usually stays in RR unless another exclusion applies).
Source: Cornell LII — 29 CFR § 778.203.

778.310 — Lump / fixed sums for varying overtime

A flat lump sum paid for work in overtime hours without regard to how many OT hours is not an overtime premium — even if the dollars look big enough.
Classic example: a fixed $75 for anyone who works Sunday, regardless of Sunday hours.
Those dollars go into the regular rate and may not be credited against statutory overtime due.
Source: Cornell LII — 29 CFR § 778.310.

Practical takeaways

Labeling money “OT” or “Sunday premium” is not enough — structure and rate matter.
Hourly premiums tied to excess or special-day hours at true 1½×+ are the ones that usually exit RR and offset statutory OT.
Fixed lumps for “working OT / working Sunday” inflate RR and do not buy OT credit under 778.310.
For interactive math on daily premiums, use the StatutePay page: FLSA 778.202 daily premium — this cheat sheet stays non-interactive on purpose.

Educational summary of DOL interpretive regulations only — not legal advice. Always read the full CFR text and apply facts, agreements, and state law. Last updated 2026-09-05. Home · StatutePay