[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: 29CFR784.114]

[Page 630]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 784_PROVISIONS OF THE FAIR LABOR STANDARDS ACT APPLICABLE TO FISHING 
AND OPERATIONS ON AQUATIC PRODUCTS--Table of Contents
 
Subpart B_Exemptions Provisions Relating to Fishing and Aquatic Products
 
Sec. 784.114  Application of exemptions on a workweek basis.

    The general rule that the unit of time to be used in determining the 
application of the exemption to an employee is the workweek (see 
Overnight Motor Transportation Co. v. Missel, 316 U.S. 572; Mitchell v. 
Stinson, 217 F. 2d 210; Mitchell v. Hunt. 263 F. 2d 913; Puerto Rico 
Tobacco Marketing Co-op. Ass'n. v. McComb, 181 F. 2d 697). Thus, the 
workweek is the unit of time to be taken as the standard in determining 
the applicability to an employee of section 13(a)(5) or section 13(b)(4) 
(Mitchell v. Stinson, supra). An employee's workweek is a fixed and 
regularly recurring period of 168 hours--seven consecutive 24-hour 
periods. It may begin at an hour of any day set by the employer and need 
not coincide with the calendar week. Once the workweek has been set it 
commences each succeeding week on the same day and at the same hour. 
Changing the workweek for the purpose of escaping the requirements of 
the Act is not permitted. If in any workweek an employee does only 
exempt work he is exempt from the wage and hours provisions of the Act 
during that workweek, irrespective of the nature of his work in any 
other workweek or workweeks. An employee may thus be exempt in one 
workweek and not the next (see Mitchell v. Stinson, supra). But the 
burden of effecting segregation between exempt and nonexempt work as 
between particular workweeks is on the employer (see Tobin v. Blue 
Channel Corp., 198 F. 2d 245).

[[Page 631]]