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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 779.414 - Types of employment in which this overtime pay exemption may apply.

  • Section Number: 779.414
  • Section Name: Types of employment in which this overtime pay exemption may apply.

    Section 7(i) was enacted to relieve an employer from the obligation 
of paying overtime compensation to certain employees of a retail or 
service establishment paid wholly or in greater part on the basis of 
commissions. These employees are generally employed in so-called ``big 
ticket'' departments and those establishments or parts of establishments 
where commission methods of payment traditionally have been used, 
typically those dealing in furniture, bedding and home furnishings, 
floor covering, draperies, major appliances, musical instruments, radios 
and television, men's clothing, women's ready to wear, shoes, corsets, 
home insulation, and various home custom orders. There may be other 
segments in retailing where the proportionate amount of commission 
payments would be great enough for employees employed in such segments 
to come within the exemption. Each such situation will be examined, 
where exemption is claimed, to make certain the employees treated as 
exempt from overtime compensation under section 7(i) are properly within 
the statutory exclusion.
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