[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR780.12]

[Page 521]
 
                             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. 780.12  Work exempt under another section of the Act.

    The combination (tacking) of exempt work under one exemption with 
exempt work under another exemption is permitted. For instance, the 
overtime pay requirements are not considered applicable to an employee 
who does work within section 13(b)(12) for only part of a workweek if 
all of the covered work done by him during the remainder of the workweek 
is within one or more equivalent exemptions under other provisions of 
the Act. If the scope of such exemptions is not the same, however, the 
exemption applicable to the employee is equivalent to that provided by 
whichever exemption provision is more limited in scope. For instance, an 
employee who devotes part of a workweek to work within section 13(b)(12) 
and the remainder to work exempt under section 7(c) must receive the 
minimum wage and must be paid time and one-half for his overtime work 
during that week for hours over 10 a day or 50 a week, whichever 
provides the greater compensation. Each activity is tested separately 
under the applicable exemption as though it were the sole activity of 
the employee for the whole workweek in question. The availability of a 
combination exemption depends on whether the employee meets all the 
requirements of each exemption which is sought to combine.