[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: 29CFR793.10]

[Page 739]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 793_EXEMPTION OF CERTAIN RADIO AND TELEVISION STATION EMPLOYEES 
 
Sec. 793.10  Primary employment in named occupation.

    The legislative history of the exemption is explicit that the 
exemption applies only to an employee who is employed ``primarily'' as 
an announcer, news editor, or chief engineer. Thus the Senate Report 
states: ``The exemption is specifically limited to those employees who 
are employed primarily in the named occupations * * *'' (S. Rept. 145, 
87th Cong., 1st sess., p. 37). No specific rule can be established for 
determining whether in any given case an employee is employed 
``primarily'' in the named occupations. Generally, however, where an 
employee spends more than half of the hours he works in a workweek in a 
named occupation, he will be considered to be primarily employed in such 
occupation during that workweek. The answer will necessarily depend upon 
the facts in each case.