Page images
PDF
EPUB

zero milestone, or the city hall, of the "central” city, to the zero milestone, or city or town hall, of the city or town in which the major studio of the radio or television station is located.

WORKWEEK APPLICATION OF EXEMPTION

reau of entitled

which States andard shows ailable Bureau

major Cistical

From standsonce

defior 25

U.S.
D.C.
city",
mtra!

sta-
d as
e of
e of
пеrе
eau
s of

Section 793.19 WORKWEEK IS USED IN

APPLYING THE EXEMPTION The unit of time to be used in determining the application of the exemption under section 13(b) (9) to an employee is the workweek. (See Overnight Motor Transportation Co.v. Missel, 316 U.S. 572; McComb v. Puerto Rico Tobacco Marketing Co-op. Ass'n, 80 F. Supp. 953, affirmed, 181 F. 2d 697.) A workweek is a fixed and regularly recurring period of 7 consecutive 24-hour periods. It may begin at any hour of any day set by the employer and need not coincide with the calendar week. Once the workweek has been set it commences each succeeding week on the same day and at the same hour. The workweek may not be changed for the purpose of evading the requirements of the Act.

Section 793.21 EXEMPT AND NONEX

EMPT 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 Coop. 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 section 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 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.

Section 793.20 EXCLUSIVE ENGAGEMENT

IN EXEMPT WORK

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small][ocr errors]

U.S. GOVERNMENT PRINTING OFFICE. 1965 O -770.774

[graphic]
[graphic]
[graphic]
« PreviousContinue »