[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: 29CFR793.21]

[Page 697-698]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 793_EXEMPTION OF CERTAIN RADIO AND TELEVISION STATION EMPLOYEES 
 
Sec. 793.21  Exempt and nonexempt work.

    Where an employee in the same workweek performs work which is exempt 
from the overtime requirements of the Act under section 13(b)(9), and 
also engages in work to which the overtime requirements apply, he is not 
exempt from overtime provisions of the Act in that week. (See McComb v. 
Puerto Rico Tobacco Marketing Co-op Ass'n., 80 F. Supp. 953, affirmed, 
181 F. 2d 697; Mitchell v. Hunt, 263 F. 2d 913; Abram v. San Joaquin 
Cotton Oil Co., 46 F. Supp. 969; McComb v. del Valle, 80 F. Supp. 945; 
Walling v. Peacock Corp., 58 F. Supp. 880.) As explained in Sec. 
793.13, work which does not come within the occupational duties of an 
announcer, news editor, or chief engineer, or which is not related and 
incidental thereto, is not exempt work under section 13(b)(9). The mere 
isolated or occasional performance of insubstantial amounts of such 
nonexempt work will not defeat the exemption for the employee. Where, 
however, an employee, in a particular workweek, performs a substantial 
amount of nonexempt work to

[[Page 698]]

which the overtime provisions of the Act are applicable, the employee is 
not exempt under section 13(b)(9) in that workweek. For administrative 
purposes an employee who spends 20 percent or more of the hours he works 
in a workweek in such nonexempt work, will not be considered exempt 
under section 13(b)(9) in that workweek.