Page:United States Statutes at Large Volume 63 Part 1.djvu/952

 914 PUBLIC LAWS-CH. 736-0CT. 26, 1949 [63 STAT. vacations, etc. "(2) payments made for occasional periods when no work is per- formed due to vacation, holiday, illness, failure of the employer to pro- vide sufficient work, or other similar cause; reasonable payments for traveling expenses, or other expenses, incurred by an employee in the furtherance of his employer's interests and properly reimbursable by the employer; and other similar payments to an employee which are not made as compensation for his hours of employment; Recognition of serv- " (3) Sums paid in recognition of services performed during a given period if either, (a) both the fact that payment is to be made and the amount of the payment are determined at the sole discretion of the employer at or near the end of the period and not pursuant to any prior contract, agreement, or promise causing the employee to expect such erofit-sharing plan, payments regularly; or (b) the payments are made pursuant to a bona fide profit-sharing plan or trust or bona fide thrift or savings plan, meeting the requirements of the Administrator set forth in appropri- ate regulations which he shall issue, having due regard among other relevant factors, to the extent to which the amounts paid to the employee are determined without regard to hours of work, production, Talent fees. or efficiency; or (c) the payments are talent fees (as such talent fees are defined and delimited by regulations of the Administrator) paid to performers, including announcers, on radio and television programs; Retirement, etc. "(4) contributions irrevocably made by an employer to a trustee or third person pursuant to a bone fide plan for providing old-age, retire- ment, life, accident, or health insurance or similar benefits for employees; Hours inexess of (5) extra compensation provided by a premium rate paid for cer- ec tain hours worked by the employee in any day or workweek because such hours are hours worked in excess of eight in a day or forty in a workweek or in excess of the employee's normal working hours or reg- ular working hours, as the case may be; doliy etad Su n- " (6) extra compensation provided by a premium rate paid for work by the employee on Saturdays, Sundays, holidays, or regular days of rest, or on the sixth or seventh day of the workweek, where such pre- mium rate is not less than one and one-half times the rate established in good faith for like work performed in nonovertime hours on other days; or Work outside hours g(' r of contract or agree- (7) extra compensation provided by a premium rate paid to the ment. employee, in pursuance of an applicable employment contract or col- lective-bargaining agreement, for work outside of the hours estab- lished in good faith by the contract or agreement as the basic, nor- mal, or regular workday (not exceeding eight hours) or workweek (not exceeding forty hours, where such premium rate is not less than one and one-half times the rate established in good faith by the contract or agreement for like work performed during such workday or work- week. Contratg pay plan. "(e) No employer shall be deemed to have violated subsection (a) by Ante, p. 912 . (e No employing any employee for a workweek in excess of forty hours if such employee is employed pursuant to a bona fide individual con- tract, or pursuant to an agreement made as a result of collective bar- gaining by representatives of employees, if the duties of such employee necessitate irregular hours of work, and the contract or agreement (1) specifies a regular rate of pay of not less than the minimum hourly Ant p. 912 rate provided in section 6 (a) and compensation at not less than one and one-half times such rate for all hours worked in excess of forty in any workweek, and (2) provides a weekly guaranty of pay for not more than sixty hours based on the rates so specified. Agreemntovering "(f) No employer shall be deemed to have violated subsection (a) ontim.p 9U by employing any employee for a workweek in excess of forty hours if, . pursuant to an agreement or understanding arrived at between the

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