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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

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


29 CFR 779.421 - Basic rate for computing overtime compensation of nonexempt employees receiving commissions.

  • Section Number: 779.421
  • Section Name: Basic rate for computing overtime compensation of nonexempt employees receiving commissions.

    The overtime compensation due employees of a retail or service 
establishment who do not meet the exemption requirements of section 7(i) 
may be computed under the provisions of section 7(g)(3) of the Act if 
the employer and employee agree to do so under the conditions there 
provided. Section 7(g)(3) permits the use of a basic rate established, 
pursuant to agreement or understanding in advance of the work, in lieu 
of the regular rate for the purpose of computing overtime compensation. 
The use of such a basic rate for employees of a retail or service 
establishment compensated wholly or partly by commissions is authorized 
under the conditions set forth in part 548 of this chapter.
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