Section 7-905. COMMISSIONS  


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    905.1No employer shall be deemed to have violated the provisions, as outlined in Section 4(c) of the Act, by employing any employee of a retail or service establishment in excess of 40 hours per work week provided that:

     

    (a)The regular rate of pay of such employee is in excess of one and one-half times the minimum wage; and

     

    (b)More than half of the employee's compensation for a representative period (not less than one month) represents commissions on goods or services.

     

    905.2In 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.

     

source

Notice of Final Rulemaking published at 41 DCR 187 (January 14, 1994).