[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: 29CFR541.209]

[Page 207]
 
                             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. 541.209  Percentage limitations on nonexempt work.

    (a) Under Sec. 541.2(d), an employee will not qualify for exemption 
as an administrative employee if he devotes more than 20 percent, or, in 
the case of an employee of a retail or service establishment if he 
devotes as much as 40 percent, of his hours worked in the workweek to 
nonexempt work; that is, to activities which are not directly and 
closely related to the performance of the work described in Sec. 541.2 
(a) through (c).
    (b) This test is applied on a workweek basis and the percentage of 
time spent on nonexempt work is computed on the time worked by the 
employee.
    (c) The tolerance for nonexempt work allows the performance of 
nonexempt manual or nonmanual work within the percentages allowed for 
all types of nonexempt work.
    (d) Refer to Sec. 541.112(b) for the definition of a retail or 
service establishment as this term is used in paragraph (a) of this 
section.