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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 778  

Overtime Compensation

 

 

 

Subpart E  

Exceptions From the Regular Rate Principles


29 CFR 778.402 - The statutory exception provided by section 7(f) of the Act.

  • Section Number: 778.402
  • Section Name: The statutory exception provided by section 7(f) of the Act.

    Section 7(f) of the Act provides the following exception from the 
provisions of section 7(a):

    (f) No employer shall be deemed to have violated subsection (a) by 
employing any employee for a workweek in excess of the maximum workweek 
applicable to such employee under subsection (a) if such employee is 
employed pursuant to a bona fide individual contract, or pursuant to an 
agreement made as a result of collective bargaining by representatives 
of employees, if the duties of such employee necessitate irregular hours 
of work, and the contract or agreement (1) specifies a regular rate of 
pay of not less than the minimum hourly rate provided in subsection (a) 
or (b) of section 6 (whichever may be applicable) and compensation at 
not less than one and one-half times such rate for all hours worked in 
excess of such maximum workweek, and (2) provides a weekly
guaranty of pay for not more than 60 hours based on the rates so 
specified.
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