Among the exemptions to its overtime requirements, the Fair Labor Standards Act (FLSA) includes an exemption for certain employees of retail or service establishments, i.e., the retail or service exemption (RSE).
No employer shall be deemed to have violated subsection (a) of this section by employing any employee of a retail or service establishment for a workweek in excess of the applicable workweek specified therein, if
(1) the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section 206 of this title, and
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