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Code of Federal Regulations Pertaining to ESA |
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Labor |
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Wage and Hour Division, Department of Labor |
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Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Computer and Outside Sales Employees |
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Definitions and Miscellaneous Provisions |
29CFR541.709 - Motion picture producing
industry.
The requirement that the employee be paid ``on a salary basis''
does not apply to an employee in the motion picture producing industry
who is compensated at a base rate of at least $695 a week (exclusive of
board, lodging, or other facilities). Thus, an employee in this
industry who is otherwise exempt under subparts B, C or D of this part,
and who is employed at a base rate of at least $695 a week is exempt if
paid a proportionate amount (based on a week of not more than 6 days)
for any week in which the employee does not work a full workweek for
any reason. Moreover, an otherwise exempt employee in this industry
qualifies for exemption if the employee is employed at a daily rate
under the following circumstances:
(a) The employee is in a job category for which a weekly base rate
is not provided and the daily base rate would yield at least $695 if 6
days were worked; or
(b) The employee is in a job category having a weekly base rate of
at least $695 and the daily base rate is at least one-sixth of such
weekly base rate.