905.1 No employer shall be deemed to have violated the provisions, as outlined in Section 4(c) of the Act, by employing any employee of a retail or service establishment in excess of 40 hours per work week provided that:

(a) The regular rate of pay of such employee is in excess of one and one-half times the minimum wage; and

(b) More than half of the employee's compensation for a representative period (not less than one month) represents commissions on goods or services.

905.2 In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee.

SOURCE: Notice of Final Rulemaking published at 41 DCR 187 (January 14, 1994).