[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR550.1]

[Page 220-221]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 550_DEFINING AND DELIMITING THE TERM ``TALENT FEES''--Table of 
Contents
 
Sec. 550.1  ``Talent fees'' as used in section 7(e)(3)(c) of the Fair 
Labor Standards Act, as amended.




Sec.
550.1 ``Talent fees'' as used in section 7(e)(3)(c) of the Fair Labor 
          Standards Act, as amended.
550.2 Definitions.
550.3 Petition for amendment of regulations.

    Authority: Sec. 7, 52 Stat. 1063, as amended; 29 U.S.C. 207.


    The term talent fees in section 7(e)(3)(c) of the Act shall mean 
extra payments made to performers, including announcers on radio and 
television programs, where the payment is made:
    (a) To an employee having regular duties as a staff performer 
(including announcers), as an extra payment for services as a performer 
on a particular commercial program or a particular series of commercial 
programs (including commercial spot announcements) or for special 
services as a performer on a particular sustaining program or a 
particular series of sustaining programs;
    (b) In pursuance of an applicable employment agreement or 
understanding or an applicable collective bargaining agreement in a 
specific amount agreed upon in advance of the performance of the 
services or special services for which the extra payment is made: 
Provided, however, That where services described in paragraph (a) of 
this section

[[Page 221]]

are performed on a program falling outside of the regular workday or 
workweek as established and scheduled in good faith in accordance with 
the provisions of the applicable employment agreement, the Administrator 
will not regard the Act as requiring additional compensation as a result 
of the time worked on the program if the parties agree in advance of 
such program that a special payment made therefor shall include any 
increased statutory compensation attributable to the additional worktime 
thereon and if such special payment, when made, is actually sufficient 
in amount to include the statutory straight time and overtime 
compensation (computed without regard to talent fees) for the additional 
time worked in the workweek resulting from the performer's services on 
such program.

[15 FR 402, Jan. 25, 1950, as amended at 18 FR 5069, Aug. 25, 1953]