[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR541.203]

[Page 199-200]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 541_DEFINING AND DELIMITING THE TERMS ``ANY EMPLOYEE EMPLOYED IN A 
 
                        Subpart B_Interpretations
 
Sec. 541.203  Nonmanual work.

    (a) The requirement that the work performed by an exempt 
administrative employee must be office work or nonmanual work restricts 
the exemption to ``white-collar'' employees who meet the tests. If the 
work performed is ``office'' work it is immaterial whether it is manual 
or nonmanual in nature. This is consistent with the intent to include 
within the term ``administrative'' only employees who are basically 
white-collar employees since the accepted usage of the term ``white-
collar'' includes all office workers. Persons employed in the routine 
operation of office machines are engaged in office work within the 
meaning of Sec. 541.2 (although they would not qualify as 
administrative employees since they do not meet the other requirements 
of Sec. 541.2).
    (b) Section 541.2 does not completely prohibit the performance of 
manual work by an ``administrative'' employee. The performance by an 
otherwise exempt administrative employee of some manual work which is 
directly and closely related to the work requiring the exercise of 
discretion and independent judgment is not inconsistent with the 
principle that the exemption is limited to `TT`Twhite-collarT'TT' 
employees. However, if the employee performs so much manual work (other 
than office work) that he cannot be said to be basically a `TT`Twhite-
collarT'TT' employee he does not qualify for exemption as a bona fide 
administrative employee, even if the manual work he performs is directly 
and closely related to the work requiring the exercise of discretion and 
independent judgment. Thus, it is obvious that employees who spend most 
of

[[Page 200]]

their time in using tools, instruments, machinery, or other equipment, 
or in performing repetitive operations with their hands, no matter how 
much skill is required, would not be bona fide administrative employees 
within the meaning of Sec. 541.2. An office employee, on the other 
hand, is a ``white-collar'' worker, and would not lose the exemption on 
the grounds that he is not primarily engaged in ``nonmanual'' work, 
although he would lose the exemption if he failed to meet any of the 
other requirements.