§ 26-6. Living wages - Overtime.

(a) Payment required.

The service contractor shall pay the service worker compensation at the overtime rates established by the Board of Estimates, which shall not be less than 1½ times the regular hourly rate of pay, for all hours worked in excess of 8 hours in any work day, or 40 hours in any work week.

(b) How computed.

Overtime hours, however, shall not be compensated for more than once and overtime shall be paid only on the regular hourly rate of pay and not on the fringe benefits, other personnel costs, or their cash equivalents.

(c) Exemption for workers receiving commissions.

(1) No service contractor shall be deemed to have violated subsection (a) of this section by employing any service worker for a workweek or workday in excess of the applicable workweek or workday specified therein, if:

(i) the service worker's regular rate of pay (hourly rate plus commission) is in excess of one and one-half times the living hourly wage rate established by the Board of Estimates, and

(ii) more than half the service worker's compensation for a representative period (not less than one month) represents commissions on goods or services.

(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 (as those terms are used in the Federal Fair Labor Standards Act).