29 C.F.R. § 780.10
Workweek standard in applying exemptions
The workweek is the unit of time to be taken as the standard in determining the applicability of an exemption. An employee's workweek is a fixed and regularly recurring period of 168 hours—seven consecutive 24-hour periods. It need not coincide with the calendar week. If in any workweek an employee does only exempt work, he is exempt from the wage and hour provisions of the Act during that workweek, irrespective of the nature of his work in any other workweek or workweeks. An employee may thus be exempt in 1 workweek and not in the next. But the burden of effecting segregation between exempt and nonexempt work as between particular workweeks is upon the employer.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1991–2024 · leading case: Martin v. Tiller Helicopter Servs., Inc., 778 F. Supp. 1395 (S.D. Tex. 1991).
Martin v. Tiller Helicopter Servs., Inc., 778 F. Supp. 1395 (S.D. Tex. 1991). “29 C.F.R. § 780.10 . The defendants, because of the state of their records, have failed to establish any weeks during which the Court can find that the exemptions would apply.”
Williams v. Alex's Transp., Inc., 969 F. Supp. 1142 (N.D. Ill. 1997). “Nevertheless, relying on 29 C.F.R. §§ 780.10 -.il, Williams argues that the motor carrier exemption can only be applied on an employee-by-employee, and week-by-week basis.”
Fisher v. Bae Sys., Inc. (D. Maryland 2024). “25-3, at 2; ECF No. 28, at 2 (Mr. Fisher’s employment began in August 2019); ECF No.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.