29 C.F.R. § 541.701
Customarily and regularly
The phrase “customarily and regularly” means a frequency that must be greater than occasional but which, of course, may be less than constant. Tasks or work performed “customarily and regularly” includes work normally and recurrently performed every workweek; it does not include isolated or one-time tasks.
Notes of Decisions
Cited in 61
cases (22 in the last 5 years), 2005–2025 · leading case: Morgan v. Fam. Dollar Stores, Inc., 551 F.3d 1233 (11th Cir. 2008).
Morgan v. Fam. Dollar Stores, Inc., 551 F.3d 1233 (11th Cir. 2008). “” 63 29 C.F.R. § 541.701 (2006); 29 C.F.R. § 541.”
Susie Bigger v. Facebook, Inc., 947 F.3d 1043 (7th Cir. 2020). “” 29 C.F.R. § 541.701 . They dispute whether Bigger customarily and reg- ularly performed administratively exempt duties, which are “the performance of office or non-manual work directly re- lated to the management or general business operations of the employer or the employer’s…”
In Re Fam. Dollar FLSA Litig., 637 F.3d 508 (4th Cir. 2011). “” 29 C.F.R. § 541.701 (2004). Grace testified that the number of employees at her store ranged from three to five and that she always had at least two cashiers.”
Wong v. HSBC Mortg. Corp. (USA), 749 F. Supp. 2d 1009 (N.D. Cal. 2010). “” See 29 C.F.R. § 541.701 ; Schmidt v. Eagle Waste & Recycling, Inc.”
Johnson v. Big Lots Stores, Inc., 561 F. Supp. 2d 567 (E.D. La. 2008). “” 29 C.F.R. § 541.701 (post-2004). Determining whether someone directs the work of at least two employees is more complicated than just counting heads.”
Hantz v. Prospect Mortg., LLC, 11 F. Supp. 3d 612 (E.D. Va. 2014). “” 29 C.F.R. § 541.701 . This includes “work normally and recurrently performed every workweek,” but does not embrace “isolated or one-time tasks.”
Bigger v. Facebook, Inc., 375 F. Supp. 3d 1007 (E.D. Ill. 2019). “) Thus, it appears that Bigger's work involved some amount of discretion; however, it is unclear whether she exercised that discretion "customarily and regularly" (defined by FLSA regulations as work normally and recurrently performed every workweek, not isolated or one-time…”
Robinson-Smith v. Gov't Employees Ins., 590 F.3d 886 (D.C. Cir. 2010). “” See 29 C.F.R. § 541.701 (2009) (“Tasks or work performed ‘customarily and regularly’ includes work normally and recurrently performed every workweek; it does not include isolated or onetime tasks.”
Roshon v. Eagle Rsch. Grp., Inc., 314 F. Supp. 3d 852 (S.D. Ohio 2018). “The terms "customarily" and "regularly" are defined at 29 C.F.R. § 541.701 : § 541.701 Customarily and regularly.”
Martinez v. Superior HealthPlan, Inc., 371 F. Supp. 3d 370 (W.D. Tex. 2019). “" 29 C.F.R. § 541.701 . It is undisputed that Plaintiffs spent every or virtually every weekday in sales appointments away from Superior or Centene's offices, and the majority of sales meetings took place away from Superior's offices, such as at prospects' residences or senior…”
Johnson v. Big Lots Stores, Inc., 604 F. Supp. 2d 903 (E.D. La. 2009). “” 29 C.F.R. § 541.701 (post-2004). Determining whether someone directs the work of at least two employees is more complicated than just counting heads.”
Sarviss v. Gen. Dynamics Info. Tech., Inc., 663 F. Supp. 2d 883 (C.D. Cal. 2009). “” 29 C.F.R. § 541.701 . Here, GDIT asserts that Sarviss qualifies under this prong with respect to the duties of either an administrative or a professional employee.”
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