---
kind: "section"
citation: "29 C.F.R. § 778.421"
title: "29"
number: "778.421"
heading: "Offset hour for hour."
url: "https://uscodex.org/cfr/29/778.421"
---

# §778.421. Offset hour for hour.


Where overtime rates are paid pursuant to statute or contract for hours in excess of 8 in a day, or in excess of the applicable maximum hours standard, or in excess of the employees' normal working hours or regular working hours (as under [section 7(e)(5)](/cfr/29/7.md?p=e-5) or for work on “special days” (as under [section 7(e)(6)](/cfr/29/7.md?p=e-6), or pursuant to an applicable employment agreement for work outside of the hours established in good faith by the agreement as the basic, normal, or regular workday (not exceeding 8 hours) or workweek (not exceeding the applicable maximum hours standard) (under [section 7(e)](/cfr/29/7.md?p=e) (7), the requirements of [section 7(g)](/cfr/29/7.md?p=g) (1) and 7(g)(2) will be met if the number of such hours during which overtime rates were paid equals or exceeds the number of hours worked in excess of the applicable maximum hours standard for the particular workweek. It is not necessary to determine whether the total amount of compensation paid for such hours equals or exceeds the amount of compensation which would be due at the applicable rates for work performed during the hours after the applicable maximum in any workweek.


## 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.