§ 779.410. Statutory provision.
161 words·~1 min read·
/us/cfr/t29/s§ 779.410·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 7 of the Act provides, in subsection (i):
(i)No employer shall be deemed to have violated subsection
(a)by employing any employee of a retail or service establishment for a workweek in excess of the applicable workweek specified therein, if
(1)the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section 6, and
(2)more than half his compensation for a representative period (not less than 1 month) represents commissions on goods or services. In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee. ``` There are briefly set forth in §§ 779.411 to 779.421 some guiding principles for determining whether an employee's employment and compensation meet the conditions set forth in section 7(i).