[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: 29CFR786.1]

[Page 656]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 786_MISCELLANEOUS EXEMPTIONS--Table of Contents
 
                        Subpart A_Carriers by Air
 
Sec. 786.1  Enforcement policy concerning performance of nonexempt work.




                        Subpart A_Carriers by Air

Sec.
786.1 Enforcement policy concerning performance of nonexempt work.

Subpart B [Reserved]

                Subpart C_Switchboard Operator Exemption

786.100 Enforcement policy concerning performance of nonexempt work.

    Subpart D_Employers Subject to Part 1 of Interstate Commerce Act

786.150 Enforcement policy concerning performance of nonexempt work.

                       Subpart E_Taxicab Operators

786.200 Enforcement policy concerning performance of nonexempt work.

                     Subpart F_Newspaper Publishing

786.250 Enforcement policy.

    Authority: 52 Stat. 1060, as amended; 29 U.S.C. 201-219.



    The Division has taken the position that the exemption provided by 
section 13(b)(3) of the Fair Labor Standards Act of 1938, as amended, 
will be deemed applicable even though some nonexempt work (that is, work 
of a nature other than that which characterizes the exemption) is 
performed by the employee during the workweek, unless the amount of such 
nonexempt work is substantial. For enforcement purposes, the amount of 
nonexempt work will be considered substantial if it occupies more than 
20 percent of the time worked by the employed during the workweek.

[21 FR 5056, July 7, 1956]

Subpart B [Reserved]