Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 29 - Labor |
Subtitle B - Regulations Relating to Labor |
Chapter V - Wage and Hour Division, Department of Labor |
SubChapter B - Statements of General Policy or Interpretation Not Directly Related to Regulations |
Part 779 - The Fair Labor Standards Act as Applied to Retailers of Goods or Services |
Subpart E - Provisions Relating to Certain Employees of Retail or Service Establishments |
Employees Compensated Principally by Commissions |
§ 779.412 - Compensation requirements for overtime pay exemption under section 7(i).
Latest version.
-
§ 779.412 Compensation requirements for overtime pay exemption under section 7(i).
An employee of a “retail or service establishment” who is paid on a commission basis or whose pay includes compensation representing commissions need not be paid the premium compensation prescribed by section 7(a) for overtime hours worked in a workweek, provided the following conditions are met:
(a) The “regular rate” of pay of such employee must be more than one and one-half times the minimum hourly rate applicable to him under section 6, and
(b) More than half his compensation for a “representative period” (not less than one month) must represent commissions on goods or services.