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Federal regulations · Through 2026-08-25 · Newer source version available

29 CFR 779.403: Administrative and executive employees in covered enterprises employed in other than retail or service establishments.

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Where this section sits in the code
  1. Title 29—Labor
  2. Subtitle B—Regulations Relating to Labor
  3. CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
  4. SUBCHAPTER B—STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS
  5. PART 779—THE FAIR LABOR STANDARDS ACT AS APPLIED TO RETAILERS OF GOODS OR SERVICES
  6. Subpart E—Provisions Relating to Certain Employees of Retail or Service Establishments

The up-to-40 percent tolerance for nonexecutive or nonadministrative duties discussed in the preceding section, does not apply to executive or administrative employees of an establishment other than a “retail or service establishment.” For example, an executive or administrative employee of a central office or a central warehouse of a chain store system is not an employee of a “retail or service establishment,” and therefore must still devote not more than 20 percent of his hours worked in a workweek to activities which are not directly and closely related to the performance of executive or administrative duties in order to qualify as a bona fide executive or administrative employee under section 13(a)(1), except where special provisions are made in the regulations issued under that section of the Act.

Collected 2026-08-27T02:25:20Z. Source file · JSON

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