skip navigational linksDOL Seal - Link to DOL Home Page
Photos representing the workforce - Digital Imagery© copyright 2001 PhotoDisc, Inc.
www.dol.gov

Previous Section

Content Last Revised: 11/2/61
---DISCLAIMER---

Next Section

CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 793  

Exemption of Certain Radio and Television Station Employees from Overtime Pay Requirements Under Section 13(B)(9) of the Fair Labor Standards Act


29 CFR 793.18 - Location of ``major studio.''

  • Section Number: 793.18
  • Section Name: Location of ``major studio.''

    Section (b)(9) specifies that the ``major studio'' must be located 
``(A) in a city or town of one hundred thousand population or less 
according to the latest available decennial census figures as compiled 
by the Bureau of the Census, except where such city or town is part of a 
standard metropolitan statistical area, as defined and designated by the 
Bureau of the Budget, which has a total population in excess of one 
hundred thousand or (B) in a city or town of twenty-five thousand 
population or less, which is part of such an area but is at least 40 
airline miles from the principal city in such area.'' These tests may be 
summarized as follows:
    (a) A city or town with more than 100,000 population. The exemption 
does not apply to any employee of a radio or television station the 
major studio of which is located in any city or town with a population 
in excess of 100,000.
    (b) A city or town with 100,000 population or less. The exemption 
may apply if the major studio is located in a city or town of not more 
than 100,000 population: Provided, That the city or town is not within a 
standard metropolitan statistical area which has more than 100,000 
population.
    (c) A city or town with 25,000 population or less. The exemption may 
apply even if the major studio is located in a city or town that is 
within a standard metropolitan statistical area which has more than 
100,000 population: Provided,
That such city or town has a population or not more than 25,000 and the 
city or town is at least 40 airline miles from the principal city in 
such area.
    (d) Sources of information. The Bureau of the Budget issues 
periodically a booklet entitled ``Standard Metropolitan Statistical 
Areas'', which lists and describes these areas in the United States and 
Puerto Rico. The booklet lists the standard metropolitan statistical 
areas by name and shows their population according to the latest 
available decennial census figures as compiled by the Bureau of the 
Census. The booklet also lists the major cities within each standard 
metropolitan statistical area and the population of these cities. From 
time to time, new areas are designated as ``standard metropolitan 
statistical areas'' and areas once designated as such are deleted from 
the area definitions. This booklet may be purchased, for 25 cents, from 
the Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402.
    (e) Principal city. The term ``principal city'', as used in section 
13(b)(9), means the ``central city'', or cities, of the standard 
metropolitan statistical area, which are defined and designated as such 
by the Bureau of the Census. The name of the ``central city'' is 
incorporated in the name of the standard metropolitan statistical area. 
Where two or more cities are designated by the Bureau of the Census as 
the ``central cities'', the names of such cities appear in the title of 
the standard metropolitan statistical area. For example, the ``Duluth-
Superior'' standard metropolitan statistical area, has two ``central'' 
cities, namely Duluth and Superior; both appear in the title of the 
standard metropolitan statistical area, and both are regarded as 
``principal'' cities for purposes of the section 13(b)(9) exemption. 
Where, as in the example, more than one city is designated as the 
``central'' city airline mileage will be measured from that ``central'' 
city which is nearest to the city or town in which the major studio of 
the radio or television station is located.
    (f) Determining the population. The population of a city or town, or 
of a standard metropolitan statistical area, will be determined by the 
latest available decennial census figures as compiled by the U.S. Bureau 
of the Census.
    (g) Measuring airline miles. Airline miles for purposes of the 
section 13(b)(9) exemption are measured, with a straight edge on a map, 
from the zero milestone, or the city hall, of the ``central'' city, to 
the zero milestone, or city or town hall, of the city or town in which 
the major studio of the radio or television station is located.
Previous Section

Next Section



Phone Numbers