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

29 CFR 788.17: Employees employed in both exempt and nonexempt work.

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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 788—FORESTRY OR LOGGING OPERATIONS IN WHICH NOT MORE THAN EIGHT EMPLOYEES ARE EMPLOYED

The exemption for an employee employed in exempt work will be defeated in any workweek in which he performs a substantial amount of nonexempt work. For enforcement purposes nonexempt work will be considered substantial in amount if more than 20 percent of the time worked by the employee in a given workweek is devoted to such work. Where two types of work cannot be segregated, however, so as to permit separate measurement of the time spent in each, the employee will not be exempt.

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

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