[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: 29CFR786.100]

[Page 656]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 786_MISCELLANEOUS EXEMPTIONS--Table of Contents
 
                Subpart C_Switchboard Operator Exemption
 
Sec. 786.100  Enforcement policy concerning performance of nonexempt work.


    The Division has taken the position that the exemption provided by 
section 13(a)(10) of the Fair Labor Standards Act 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 employee during the workweek.

[32 FR 15426, Nov. 4, 1967]