The following provision for exemption from the overtime pay
provision is contained in section 13(b) of the Fair Labor Standards Act
of 1938, as amended (29 U.S.C. 213(b)):
(b) The provisions of section 7 shall not apply with respect to:
* * * * *
(11) any employee employed as a driver or driver's helper making
local deliveries, who is compensated for such employment on the basis of
trip rates, or other delivery payment plan, if the Secretary shall find
that such plan has the general purpose and effect of reducing hours
worked by such employees to, or below, the maximum workweek applicable
to them under section 7(a).
Under this provision, an employee employed and compensated as described
in the quoted paragraph (11) may be employed without payment of overtime
compensation for a workweek longer than the maximum workweek applicable
to him under section 7(a) of the Act, but only if it is established by a
finding of the Secretary that the employee is compensated for his
employment as a driver or driver's helper making local deliveries on the
basis of trip rates or other delivery payment plan that has the general
purpose and effect stated in section 13(b)(11). Such a finding is
prescribed by the statute as one of the ``explicit prerequisites to
exemption''. (See Arnold v. Kanowsky, 361 U.S. 388, 392.)
