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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| The Fair Labor Standards Act As Applied to Retailers of Goods or Services |
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| Other Provisions Which May Affect Retail Enterprises |
Section 13(b)(11) exempts from the provisions of section 7 of the
Act:
Any employee employed as a driver or driver's helper making local
deliveries, who is compensated for such employment on the basis of trip
rates, or other delivery payment plan, if the Secretary shall find that
such plan has the general purpose and effect of reducing hours worked by
such employees to, or below, the maximum workweek applicable to them
under section 7(a).
This is an exemption from the overtime pay requirements only.