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Electronic Code of Federal Regulations

e-CFR data is current as of September 19, 2019

Title 29Subtitle BChapter VSubchapter APart 541Subpart H → §541.709


Title 29: Labor
PART 541—DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, COMPUTER AND OUTSIDE SALES EMPLOYEES
Subpart H—Definitions and Miscellaneous Provisions


§541.709   Motion picture producing industry.

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, as of December 1, 2016, at a base rate of at least $1,397 per week (exclusive of board, lodging, or other facilities); and beginning on January 1, 2020, and every three years thereafter, is compensated at a base rate of at least the previously applicable base rate adjusted by the same ratio as the preceding standard salary level is increased (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]

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