29 C.F.R. § 779.410

Statutory provision

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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).

Notes of Decisions

Cited in 5 cases, 1991–2015 · leading case: Roto-Rooter Servs. Co. v. Dep't of Labor, 593 A.2d 1386 (Conn. 1991).

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Roto-Rooter Servs. Co. v. Dep't of Labor, 593 A.2d 1386 (Conn. 1991). “29 C.F.R. § 779.410 . One such regulation explicitly disclaims a sales oriented limitation on the scope of § 207 (i): “Although typically .”

Charlot v. Ecolab, Inc., 136 F. Supp. 3d 433 (E.D.N.Y 2015). “■In order to establish FLSA compliance for a commissioned salesman employee, an employer must demonstrate that the allegedly exempt employee: (1) earns at least one and one-half times the federal minimum wage; (2) earns more than half of his salary in commissions for a…”

Gieg v. Ddr, Inc., 407 F.3d 1038 (9th Cir. 2005). “” See 29 C.F.R. § 779.410 . (“There are briefly set forth in §§ 779.”

Salon Enter., Inc. v. Langford, 31 P.3d 290 (Kan. Ct. App. 2000). “” 29 C.F.R. § 779.410 (2000). The regulations indicate that the exemption includes earnings generated by employees who perform and sell services.”

Caci v. Wiz of Lake Grove, Inc., 267 F. Supp. 2d 297 (E.D.N.Y 2003). “§ 207 (i); 29 C.F.R. §§ 779.410 -.421. Despite Caci’s contention that he was not paid for the hours he worked after the store closed because he was unable to make any sales and, therefore, to earn any commissions during those hours, the undisputed facts demonstrate that Caci was…”

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