[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR551.6]

[Page 270-271]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 551_LOCAL DELIVERY DRIVERS AND HELPERS; WAGE PAYMENT PLANS
--Table of Contents
 
Sec. 551.6  Action on petition.

    (a) Upon the filing of a petition as provided in this part, the 
Administrator will give consideration thereto, and make any further 
inquiry into the facts that he may deem necessary. The Administrator may 
require, before taking further action thereof, that notice of the 
petition be given to affected employees in such manner as he shall 
determine to be appropriate to afford them an opportunity to submit any 
facts or reasons supporting or opposing the finding prayed for in the 
petition. If the Administrator determines that the petition fails to 
satisfy any of the requirements of this part, he shall deny the request 
for a finding or, in his discretion, advise petitioners that further 
consideration will be given to the submission if the deficiencies are 
remedied within a specified time. No further consideration will be 
given, however, to a request for a finding if the Administrator 
determines that the factual situation as described in the petition is 
not one in which authority to make the finding is provided by section 
13(b)(11) and this part.
    (b) If the Administrator determines that a petition meets all 
requirements of this part and if he is satisfied from consideration of 
all relevant facts and information available to him that the wage 
payment plan submitted has, within the meaning of section 13(b)(11) of 
the Act and this part, the general

[[Page 271]]

purpose and effect with respect to drivers or drivers' helpers making 
local deliveries, who are employed pursuant to its provisions on the 
basis of trip rates or other delivery payment plan, of reducing the 
hours worked by such employees to, or below, the maximum workweek 
applicable to them under section 7(a) of the Act, the Administrator will 
make an appropriate finding to this effect, and notify the petitioner; 
otherwise the request for such a finding will be denied.