Regulations last checked for updates: Apr 28, 2024

Title 29 - Labor last revised: Apr 25, 2024
§ 779.412 - Compensation requirements for overtime pay exemption under section 7(i).

An employee of a “retail or service establishment” who is paid on a commission basis or whose pay includes compensation representing commissions need not be paid the premium compensation prescribed by section 7(a) for overtime hours worked in a workweek, provided the following conditions are met:

(a) The “regular rate” of pay of such employee must be more than one and one-half times the minimum hourly rate applicable to him under section 6, and

(b) More than half his compensation for a “representative period” (not less than one month) must represent commissions on goods or services.

authority: Secs. 1-19, 52 Stat. 1060, as amended; 75 Stat. 65; Sec. 29(B), Pub. L. 93-259, 88 Stat. 55; 29 U.S.C. 201-219.
source: 35 FR 5856, Apr. 9, 1970, unless otherwise noted.
cite as: 29 CFR 779.412