Is there a special test for motion picture industry employees?

Final regulations, effective August 23, 2004, state that the salary basis requirement does not apply to an employee in the motion picture industry who is compensated at a base rate of at least $695 a week (exclusive of board, lodging or other facilities). Thus an employee that is otherwise exempt as an executive, administrator or professional, and who is employed at a base rate of at least $695 a week is exempt if paid a proportionate amount (based on a week of not more than six days) for any week in which the employee does not work a full workweek for any reason. Moreover, an otherwise exempt employee in this industry qualifies for exemption if the employee is employed at a day rate under the following circumstances:

1. The employee is in a job category for which a weekly base rate is not provided and the daily base rate would yield at least $695 if six days were worked; or

2. The employee is in a job category having a weekly base rate of at least $695 and the daily base rate is at least one-sixth of such weekly base rate.