[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: 29CFR793.6]

[Page 738]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 793_EXEMPTION OF CERTAIN RADIO AND TELEVISION STATION EMPLOYEES 
 
Sec. 793.6  Exemption limited to employees in named occupations.

    The legislative history of section 13(b)(9) makes it clear that the 
exemption is specifically limited to employees employed in the specified 
occupations (S. Rept. 145, 87th Cong. 1st sess., p. 37). To be exempt, 
therefore, an employee must be employed in the named occupations of 
announcer, a news editor, or a chief engineer. In applying this test to 
an employee, his title or job description is not determinative. His 
aggregate duties, as evidenced by the work which he actually performs in 
his everyday activities, determines the nature of his occupation. The 
employee's duties, taken as a whole, must characterize the occupation of 
the employee as that of announcer, news editor, or chief engineer, if 
the statutory requirement that he be ``employed as'' such an employee is 
to be satisfied (see Walling v. Haden, 153 F. 2d 196, cert. denied 328 
U.S. 866). This exemption does not apply to employees who are employed 
in occupations other than those of announcer, news editor, or chief 
engineer.