---
kind: "section"
citation: "29 C.F.R. § 778.210"
title: "29"
number: "778.210"
heading: "Percentage of total earnings as bonus."
url: "https://uscodex.org/cfr/29/778.210"
---

# §778.210. Percentage of total earnings as bonus.


In some instances the contract or plan for the payment of a bonus may also provide for the simultaneous payment of overtime compensation due on the bonus. For example, a contract made prior to the performance of services may provide for the payment of additional compensation in the way of a bonus at the rate of 10 percent of the employee's straight-time earnings, and 10 percent of his overtime earnings. In such instances, of course, payments according to the contract will satisfy in full the overtime provisions of the Act and no recomputation will be required. This is not true, however, where this form of payment is used as a device to evade the overtime requirements of the Act rather than to provide actual overtime compensation, as described in §§ [778.502](/cfr/29/778.502.md) and [778.503](/cfr/29/778.503.md).


## Notes

### Authority

Authority: 52 Stat. 1060, as amended; 29 U.S.C. 201 et seq. Section 778.200 also issued under Pub. L. 106-202, 114 Stat. 308 (29 U.S.C. 207(e) and (h)).

### Source

Source: 33 FR 986, Jan. 26, 1968, unless otherwise noted.