[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: 29CFR784.116]

[Page 631]
 
                             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. 784.116  Exempt and nonexempt work in the same workweek.

    Where an employee, during any workweek, performs work that is exempt 
under section 13(a)(5) or 13(b)(4), and also performs nonexempt work, 
some part of which is covered by the Act, the exemption will be deemed 
inapplicable unless the time spent in performing nonexempt work during 
that week is not substantial in amount. For enforcement purposes, 
nonexempt work will be considered substantial in amount if more than 20 
percent of the time worked by the employee in a given workweek is 
devoted to such work (see Mitchell v. Stinson, 217 F. 2d 210). Where 
exempt and nonexempt work is performed during a workweek by an employee 
and is not or cannot be segregated so as to permit separate measurement 
of the time spent in each, the employee will not be exempt (see Tobin v. 
Blue Channel Corp., 198 F. 2d 245; Walling v. Public Quick Freezing and 
Cold Storage Co., 62 F. Supp. 924).