29 C.F.R. PART 786—MISCELLANEOUS EXEMPTIONS


Title 29 - Labor


Title 29: Labor

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PART 786—MISCELLANEOUS EXEMPTIONS

Section Contents

Subpart A—Carriers by Air

§ 786.1   Enforcement policy concerning performance of nonexempt work.

Subpart B [Reserved]


Subpart C—Switchboard Operator Exemption

§ 786.100   Enforcement policy concerning performance of nonexempt work.

Subpart D—Employers Subject to Part 1 of Interstate Commerce Act

§ 786.150   Enforcement policy concerning performance of nonexempt work.

Subpart E—Taxicab Operators

§ 786.200   Enforcement policy concerning performance of nonexempt work.

Subpart F—Newspaper Publishing

§ 786.250   Enforcement policy.


Authority:  52 Stat. 1060, as amended; 29 U.S.C. 201–219.

Subpart A—Carriers by Air
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§ 786.1   Enforcement policy concerning performance of nonexempt work.
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The Division has taken the position that the exemption provided by section 13(b)(3) of the Fair Labor Standards Act of 1938, as amended, 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 employed during the workweek.

[21 FR 5056, July 7, 1956]

Subpart B [Reserved]
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Subpart C—Switchboard Operator Exemption
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§ 786.100   Enforcement policy concerning performance of nonexempt work.
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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]

Subpart D—Employers Subject to Part 1 of Interstate Commerce Act
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§ 786.150   Enforcement policy concerning performance of nonexempt work.
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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.

[13 FR 1377, Mar. 17, 1948]

Subpart E—Taxicab Operators
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§ 786.200   Enforcement policy concerning performance of nonexempt work.
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The Division has taken the position that the exemption provided by section 13(b)(17) 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]

Subpart F—Newspaper Publishing
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§ 786.250   Enforcement policy.
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The exemption provided by paragraph 13(a)(8) of the Fair Labor Standards Act of 1938 applies to “any employee employed in connection with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than four thousand the major part of which circulation is within the county where published or counties contiguous thereto.” For the purpose of enforcement, it is the Divisions' position that such an employee is within the exemption even though he is also engaged in job printing activities. if less than 50 percent of the employee's worktime during the workweek is spent in job printing work, some of which is subject to the Act. If none of the job printing activities are within the general coverage of the Act, the exemption applies even if the job printing activities equal or exceed 50 percent of the employee's worktime. However, this exemption is not applicable if the employee spends 50 percent or more of his worktime in a workweek on job printing, any portion of which is within the general coverage of the Act on an individual or enterprise basis.

[32 FR 15426, Nov. 4, 1967]

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