GroundRules
29 CFR 786.150: Enforcement policy concerning performance of nonexempt work.
Where this section sits in the code
- Title 29—Labor
- Subtitle B—Regulations Relating to Labor
- CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
- SUBCHAPTER B—STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS
- PART 786—MISCELLANEOUS EXEMPTIONS AND EXCLUSIONS FROM COVERAGE
- Subpart D—Employers Subject to Part 1 of Interstate Commerce Act
The Division has taken the position that the exemption provided by section 13(b)(2) 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.
Collected 2026-08-27T02:25:20Z. Source file · JSON