['Compensation']
['Exemptions from Overtime/Minimum Wage']
12/05/2023
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Section (b)(9) specifies that the “major studio” must be located
“(A) in a city or town of one hundred thousand population or less according to the latest available decennial census figures as compiled by the Bureau of the Census, except where such city or town is part of a standard metropolitan statistical area, as defined and designated by the Bureau of the Budget, which has a total population in excess of one hundred thousand or
(B) in a city or town of twenty-five thousand population or less, which is part of such an area but is at least 40 airline miles from the principal city in such area.” These tests may be summarized as follows:
(a) A city or town with more than 100,000 population. The exemption does not apply to any employee of a radio or television station the major studio of which is located in any city or town with a population in excess of 100,000.
(b) A city or town with 100,000 population or less. The exemption may apply if the major studio is located in a city or town of not more than 100,000 population: Provided, That the city or town is not within a standard metropolitan statistical area which has more than 100,000 population.
(c) A city or town with 25,000 population or less. The exemption may apply even if the major studio is located in a city or town that is within a standard metropolitan statistical area which has more than 100,000 population: Provided, That such city or town has a population or not more than 25,000 and the city or town is at least 40 airline miles from the principal city in such area.
(d) Sources of information. The Bureau of the Budget issues periodically a booklet entitled “Standard Metropolitan Statistical Areas”, which lists and describes these areas in the United States and Puerto Rico. The booklet lists the standard metropolitan statistical areas by name and shows their population according to the latest available decennial census figures as compiled by the Bureau of the Census. The booklet also lists the major cities within each standard metropolitan statistical area and the population of these cities. From time to time, new areas are designated as “standard metropolitan statistical areas” and areas once designated as such are deleted from the area definitions. This booklet may be purchased, for 25 cents, from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.
(e) Principal city. The term “principal city”, as used in section 13(b)(9), means the “central city”, or cities, of the standard metropolitan statistical area, which are defined and designated as such by the Bureau of the Census. The name of the “central city” is incorporated in the name of the standard metropolitan statistical area. Where two or more cities are designated by the Bureau of the Census as the “central cities”, the names of such cities appear in the title of the standard metropolitan statistical area. For example, the “Duluth-Superior” standard metropolitan statistical area, has two “central” cities, namely Duluth and Superior; both appear in the title of the standard metropolitan statistical area, and both are regarded as “principal” cities for purposes of the section 13(b)(9) exemption. Where, as in the example, more than one city is designated as the “central” city airline mileage will be measured from that “central” city which is nearest to the city or town in which the major studio of the radio or television station is located.
(f) Determining the population. The population of a city or town, or of a standard metropolitan statistical area, will be determined by the latest available decennial census figures as compiled by the U.S. Bureau of the Census.
(g) Measuring airline miles. Airline miles for purposes of the section 13(b)(9) exemption are measured, with a straight edge on a map, from the zero milestone, or the city hall, of the “central” city, to the zero milestone, or city or town hall, of the city or town in which the major studio of the radio or television station is located.
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['Compensation']
['Exemptions from Overtime/Minimum Wage']
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