The term talent fees in section 7(e)(3)(c) of the Act shall mean
extra payments made to performers, including announcers on radio and
television programs, where the payment is made:
(a) To an employee having regular duties as a staff performer
(including announcers), as an extra payment for services as a performer
on a particular commercial program or a particular series of commercial
programs (including commercial spot announcements) or for special
services as a performer on a particular sustaining program or a
particular series of sustaining programs;
(b) In pursuance of an applicable employment agreement or
understanding or an applicable collective bargaining agreement in a
specific amount agreed upon in advance of the performance of the
services or special services for which the extra payment is made:
Provided, however, That where services described in paragraph (a) of
this section are performed on a program falling outside of the regular
workday or workweek as established and scheduled in good faith in
accordance with the provisions of the applicable employment agreement,
the Administrator will not regard the Act as requiring additional
compensation as a result of the time worked on the program if the
parties agree in advance of such program that a special payment made
therefor shall include any increased statutory compensation attributable
to the additional worktime thereon and if such special payment, when
made, is actually sufficient in amount to include the statutory straight
time and overtime compensation (computed without regard to talent fees)
for the additional time worked in the workweek resulting from the
performer's services on such program.
[15 FR 402, Jan. 25, 1950, as amended at 18 FR 5069, Aug. 25, 1953]
