29 C.F.R. § 793.2

General explanatory statement

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Some employees of radio and television stations perform work which may be exempt from the minimum wage and overtime requirements under section 13(a)(1) of the Act. This 13(a)(1) exemption applies to employees employed in a bona fide executive, administrative or professional capacity, or in the capacity of outside salesman, as these terms are defined and delimited by regulations of the Secretary. This exemption continues to be available for employees of radio and television stations who meet the requirements for exemption specified in part 541 of this chapter. The section 13(b) (9) exemption, which is an exemption from the overtime provisions of the Act, but not from the minimum wage requirements, applies to a limited classification of employees employed by small market radio and television stations whose employment meets the requirements for the exemption. These requirements and their meaning and application are discussed in this bulletin.

Notes of Decisions

Cited in 2 cases, 1993–2003 · leading case: Freeman v. Nat'l Broad. Co., Inc., 846 F. Supp. 1109 (S.D.N.Y. 1993).

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Freeman v. Nat'l Broad. Co., Inc., 846 F. Supp. 1109 (S.D.N.Y. 1993). “29 C.F.R. § 793.2 (1992) (emphasis added).”

Kollmeyer v. WTVA, INC., 297 F. Supp. 2d 894 (N.D. Miss. 2003). “§ 213 (b)(9); 29 C.F.R. § 793.2 (1992). Here, the Plaintiff does not dispute that the facts of this case fit squarely within the FLSA’s “small market exemption,” but instead argues that the Defendant has waived its right to rely on the exemption, and also argues that the small…”

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