[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: 29CFR541.304]

[Page 214]
 
                             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. 541.304  Primary duty.

    (a) For a general explanation of the term ``primary duty'' see the 
discussion of this term under ``executive'' in Sec. 541.103. See also 
the discussion under ``administrative'' in Sec. 541.206.
    (b) The ``primary duty'' of an employee as a teacher must be that of 
activity in the field of teaching. Mere certification by the State, or 
employment in a school will not suffice to qualify an individual for 
exemption within the scope of Sec. 541.3(a)(3) if the individual is not 
in fact both employed and engaged as a teacher (see Sec. 
541.302(g)(2)). The words ``primary duty'' have the effect of placing 
major emphasis on the character of the employee's job as a whole. 
Therefore, employment and engagement in the activity of imparting 
knowledge as a primary duty shall be determinative with respect to 
employment within the meaning of the exemption as ``teacher'' in 
conjunction with the other requirements of Sec. 541.3.