29 CFR 779.412
§ 779.412 Compensation requirements for overtime pay exemption under section 7(i).
United States · 29 CFR — Labor · Status: effective
Cite this
- Citation
- 29 CFR 779.412, § 779.412 Compensation requirements for overtime pay exemption under section 7(i), United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/126341
- Permanent ID
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Full text
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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.