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§541.;,(e) $170 per week (5150 per week, if employed by other than the Federal Government in Puerto Rico, the Virgin Islands, or American Samoa), exclusive of board, lodging, or other facilities: Provided, That this paragraph shall not apply in the case of an employee who is the holder of a valid license or certificate permitting the practice of law or medicine or any of their branches and who is actually engaged in the practice thereof, nor in the case of an employee who is the holder of the requisite academic degree for the general practice of medicine and is engaged in an internship or resident program pursuant to the practice of medicine or any of its branches, nor in the case of an employee employed and engaged as a teacher as provided in paragraph (a)(3) of this section: Provided further, That an employee who is compensated on a salary or fee basis at a rate of not less than $250 per week (or $200 per week, if employed by other than the Federal Government in Puer- to Rico, the Virgin Islands, or American Samoa), exclusive of board, lodging, or other facilities, and whose primary duty consists of the performance either of work described in paragraph (a)(1), (3), or (4) of this section, which includes work requiring the consistent exercise of discretion and judgment, or of work requiring invention, imagination, or talent in a recognized field of artistic endeavor, shall be deemed to meet all of the requirements of this section: Provided further, That the salary or fee requirements of this paragraph shall not apply to an employee engaged in computer- related work within the scope of paragraph (a)(4) of this section and who is compen- sated on an hourly basis at a rate in excess of 6'/z times the minimum wage provided by section 6 of the Act. 138 FR 11390, May 7, 1973, as amended at 40 FR 7092, Feb. 19, 1975; 57 FR 46744, Oct. 9, 19921 Erracrrva DArt Norc: Paragraph (e) in J 541.3 was revised at 46 FR 3014, Jan. 13, 1981. In accordance with the President's Memorandum of January 29, 1981 (46 FR 11227, Feb. 6, 1981), the effective date was postponed indefinitely at 46 FR 11972, Feb. 12, 1981. The text of paragraph (e) set forth above remains in effect pending further action by the issuing agency. The text of the post- poned regulation appears below. 9 $41.3 Professional. (e) Who is compensated for services on a salary or fee basis at a rate of not less than $250 per week beginning February 13, 1981 and $280 per week beginning February 13, 1983 ($225 per week beginning February 13, 1981 and $250 per week beginning February 13, 1983 if employed by other than the Fed- eral Government in Puerto Rico, the Virgin Islands, or American Samoa), exclusive of board, lodging, or other facilities. Provided, That this paragraph shall not apply in the case of an employee who is the holder of a valid license or certificate permitting the practice of law or medicine or any of their branches and who is actually engaged in the practice thereof, nor In the case of an em- ployee who is the holder of the requisite academic degree for the general practice of medicine and is engaged in an internship or resident program pursuant to the practice of medicine or any of its branches, nor In the case of an employee employed and en- gaged as a teacher as provided in paragraph (a)(3) of this section: Provided further, That an employee who is compensated on a salary or fee basis at a rate of not less than $320 per week beginning February 13, 1981 and $345 per week beginning February 13, 1983 (or $260 per week beginning February 13. 1981 and $285 per week beginning Febru- ary 13, 1983 if employed by other than the Federal Government in Puerto Rico, the Virgin Islands, or American Samoa), exclu- sive of board.' lodging, or other facilities, and whose primary duty consists of the per- formance either of work described in para- graph (a) (1) or (3) of this section, which In- cludes work requiring the consistent exer- cise of discretion and judgment, or of work requiring invention, imagination, or talent in a recognized field of artistic endeavor, shall be deemed to meet all of the require- ments of this section. 9 541.5 Outside salesman. The term employee employed • • • in the capacity of outside salesman in section 13(a)(1) of the Act shall mean any employee: (a) Who is employed for the purpose of and who is customarily and regi lar- ly engaged away from his employer's place or places of business in: (1) Making sales within the meaning of section 3(k) of the Act, or (2) Obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and (b) Whose hours of work of a nature other than that described in para- graph (6)(1) or (2) of this section do not exceed 20 percent of the hours worked in the workweek by nonex- empt employees of the employer: Pro- vided, That work performed incidental to and in conjunction with the em- ployee's own outside sales or solicita- tions, including incidental deliveries and collections, shall not be regarded as nonexempt work. 8 541.5a Special provision for motion pic- ture producing Industry. The requirement of §§ 541.1, 541.2,. and 541.3 that the employee be paid "on a salary basis" shall not apply to an employee in the motion picture producing industry who is compensat- ed at a base rate of at least $200 a week (exclusive of board, lodging. or other facilities). ErrscTrvs DArs Noss Section 541.5& was revised at 46 FR 3014, Jan. 13, 1981. In ac- cordance with the President's Memorandum Of January 29, 1981 (46 FR 11227, Feb. 6, 1981), the effective date was postponed in- definitely at 46 FR 11972, Feb. 12, 1981. The text of I541.5a set forth above re- mains in effect pending further action by the issuing agency. The text of the post- poned regulation appears below. I541.5a Special provision for motion picture producing industry. The requirement of I J 541.1, 541.2, and 541.3 that the employee be paid "on a salary basis" shall not apply to an employee in the motion picture producing industry who is compensated at a base rate of at least $320 Per week beginning February 13, 1981 and $345 per week beginning February 13, 1983 (exclusive of board, lodging, or -other facili- ties). $ 541.56 Equal pay provisions of section 6(d) of the act apply to executive, ad- ministrative, and professional employ- ees, and to outside salesmen. Effective July 1, 1972, the Fair Labor Standards Act was amended to include within the protection of the equal pay provisions those employees exempt from the minimum wage and overtime pay provisions as bona fide executive, administrative, and profes- sional employees (Including any em- ployee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of outside salesmen under section 13(a)(1) of the act. Thus, for example, where an exempt administrative employee and another employee of the establish- ment are performing substantially "equal work," the sex discrimination prohibitions of section 6(d) are appli- cable with respect to any wage differ- ential between those two employees._ § 541.5d Special provisions applicable to employees of public agencies. (a) An employee of a public agency who otherwise meets the requirements of § 541.118 shall not be disqualified from exemption under §§ 541.1, 541.2, or 541.3 on the basis that such employee is paid ac- cording to a pay system established by statute, ordinance, or regulation, or by a policy or practice established pursuant to principles of public accountability, under which the employee accrues personal leave and sick leave and which requires the public agency employee's pay to be reduced or such employee to be placed on leave without pay for absences for personal reasons or because of illness or injury of less than one work -day when accrued leave is not used by an employee because - (1) permission for its use has not been sought or has been sought and denied; (2) accrued leave has been exhausted; or (3) the employee chooses to use leave without pay. (b) Deductions from the pay of an employee of a public agency for absences due to a budget -required furlough shall not disqualify 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. (56 FR 45826, Sept. 6, 1991, as amended at 57 FR 37677, Aug. 19, 19921 9 541.6 Petition for amendment of regula- tions. Any person wishing a revision of any of the terms of the foregoing regula- tions may submit in writing to the Ad- ministrator a petition setting forth the changes desired and the reasons for proposing them. If, upon inspection of the petition, the administrator be- lieves that reasonable cause for amendment of the regulations is set forth, the Administrator will either schedule a hearing with due notice to interested parties, or will make other provision for affording interested par- ties an opportunity to present their views, either in support of or in oppo- sition to the proposed changes. In de- termining such future regulations, separate treatment for different indus- tries and for different classes of em- ployees may be given consideration.