[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: 29CFR780.11]

[Page 565-566]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 780_EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL 
 
                         Subpart A_Introductory
 
Sec. 780.11  Exempt and nonexempt work during the same workweek.

    Where an employee in the same workweek performs work which is exempt 
under one section of the Act and also engages in work to which the Act 
applies but is not exempt under some other section of the Act, he is not 
exempt that week, and the wage and hour requirements of the Act are 
applicable (see Mitchell v. Hunt, 263 F. 2d 913; Mitchell v. Maxfield, 
12 WH Cases 792 (S.D. Ohio), 29 Labor Cases 69, 781; Jordan v. Stark 
Bros. Nurseries, 45 F. Supp. 769; McComb v. Puerto Rico Tobacco 
Marketing Co-op Ass'n, 80 F. Supp. 953, affirmed 181 F. 2d 697; Walling 
v. Peacock Corp., 58 F. Supp. 880-883). On the other hand, an employee 
who performs exempt activities during a workweek will not lose the 
exemption by virtue of the

[[Page 566]]

fact that he performs other activities outside the scope of the 
exemption if the other activities are not covered by the Act.