Page:United States Statutes at Large Volume 110 Part 6.djvu/551

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

CONCURRENT RESOLUTIONS—APR. 16, 1996 110 STAT. 4373 the employee from being paid "on a salary basis" except in the workweek in which the furlough occurs and for which the employee's pay is accordingly reduced. PART C547—REQUIREMENTS OF A "BONA FIDE THRIFT OR SAVINGS PLAN" Sec. C547.00 Corresponding section table of the FLSA regulations of the Labor Department and the CAA regulations of the Office of Compliance. C547.0 Scope and effect of part. C547.1 Essential requirements of qualifications. . C547.2 Disqualifying provisions. §0547.00 Corresponding section table of the FLSA regulations of the Labor Department and the CAA regulations of the Office of Compliance The following table lists the sections of the Secretary of Labor Regulations under the FLSA with the corresponding sections of the Office of Compliance (OC) Regulations under section 203 of the CAA: Secretary of Labor regulations OC regulations 547.0 Scope and effect of part C547.0 547.1 Essential requirements of qualifications C547.1 547.2 Disqualifying provisions C547.2 § C547.0 Scope and effect of part (a) The regulations in this part set forth the requirements of a "bona fide thrift or savings plan" under section 7(e)(3)(b) of the Fair Labor Standards Act of 1938, as amended (FLSA), as applied by the CAA. In determining the total remuneration for employment which section 7(e) of the FLSA requires to be included in the regular rate at which an employee is employed, it is not necessary to include any sums paid to or on behalf of such employee, in recognition of services performed by him during a given period, which are paid pursuant to a bona fide thrift or savings plan meeting the requirements set forth herein. In the formulation of these regulations due regard has been given to the factors and standards set forth in section 7(e)(3)(b) of the Act. (b) Where a thrift or savings plan is combined in a single program (whether in one or more documents) with a plan or trust for providing old age, retirement, life, accident or health insurance or similar benefits for employees, contributions made by the employer pursuant to such thrift or savings plan may be excluded from the regular rate if the plan meets the requirements of the regulation in this part and the contributions made for the other purposes may be excluded from the regular rate if they meet the tests set forth in regulations. § C547.1 Essential requirements for qualifications (a) A "bona fide thrift or savings plan" for the purpose of section 7(e)(3)(b) of the FLSA as applied by the CAA is required to meet all the standards set forth in paragraphs (b) through (f) of this section and must not contain the disqualifying provisions set forth in §547.2. (b) The thrift or savings plan constitutes a definite program or arrangement in writing, adopted by the employer or by contract