(a) Exemption of an employee in any workweek under section 7(b)(3)
is expressly conditioned on and limited by the special compensation
provisions which it contains. These are set forth in full text in
Sec. 794.100. They require payment to the employee of compensation at
specified rates for certain periods within the workweek when such
periods are included in his hours of work. Their application requires an
increase of at least 50 percent in the minimum wage rate otherwise
applicable to the employee in such workweek ``for employment in excess
of forty hours'' and, in addition, if such employment is ``in excess of
twelve hours in any workday, or * * * in excess of fifty-six hours in
any workweek, as the case may be,'' the employee must be paid overtime
compensation ``at a rate not less than one and one-half times the
regular rate at which he is employed'' for all hours worked in the
workweek in excess of the specified daily standard or in excess of the
specified weekly standard, whichever is the greater number of overtime
hours. The sections following discuss separately the application of
these provisions to workweeks when the employee's hours of work do not
exceed the daily or weekly standard specified in section 7(b)(3), and to
workweeks when hours in excess of the daily or the weekly standard are
worked.
(b) The special compensation requirements of section 7(b)(3) apply
to an employee otherwise eligible for the exemption whenever he works
more than 40 hours in a workweek for an enterprise described in and
operating under this subsection. In any workweek in which the employee
does not work more than 40 hours for his employer only the minimum wage
requirements of section 6 are applicable. This is because section
7(b)(3) operates only as an exemption from the requirement of section
7(a) that compensation at a rate not less than one and one-half times
the employee's regular rate must be paid for all hours worked by him in
excess of 40 in the workweek. (This general 40-hour workweek standard
has been applicable since Feb. 1, 1969, to all employment within the
general coverage of the Act, regardless of whether any overtime pay
requirements were previously applicable to such employment before the
provisions added by the Fair Labor Standards Amendments of 1966 became
effective.)
