29 C.F.R. § 541.709

Motion picture producing industry

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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 $1,043 per 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 the applicable current minimum amount 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 the minimum weekly amount if 6 days were worked; or

(b) The employee is in a job category having the minimum weekly base rate and the daily base rate is at least one-sixth of such weekly base rate.

[81 FR 32552, May 23, 2016, as amended at 84 FR 51308, Sept. 27, 2019]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2020–2021 · leading case: Hewitt v. Helix Engy Solutions Grp, 15 F.4th 289 (5th Cir. 2021).
Hewitt v. Helix Engy Solutions Grp, 15 F.4th 289 (5th Cir. 2021). “27 (noting as an example 29 C.F.R. § 541.709 , which exempts certain motion-picture employees from complying with the salary-basis test at all).”
Michael Hewitt v. Helix Energy Solutions Grp., et, 983 F.3d 789 (5th Cir. 2020). “27 (noting as an example 29 C.F.R. § 541.709 , which exempts certain motion-picture employees from complying with the salary basis test at all).”
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