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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 F

Other Provisions Which May Affect Retail Enterprises

• Section Number: 779.509
• Section Name: Statutory provision.

    Section 13(b)(11) exempts from the provisions of section 7 of the 
Act:

    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).


This is an exemption from the overtime pay requirements only.