29 C.F.R. § 786.100
Enforcement policy concerning performance of nonexempt work
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.
Notes of Decisions
Cited in 3
cases, 2017–2020 · leading case: Alec Marsh v. J. Alexander's LLC, 905 F.3d 610 (9th Cir. 2018).
Alec Marsh v. J. Alexander's LLC, 905 F.3d 610 (9th Cir. 2018). “1 (same); 29 C.F.R. § 786.100 (same); 29 C.F.R. § 786.”
Alec Marsh v. J. Alexander's LLC, 869 F.3d 1108 (9th Cir. 2017). “1 ; 29 C.F.R. § 786.100 ; 29 C.F.R. § 786.200 .”
Roberson v. Texas Roadhouse Mgmt. Corp. (W.D. Ky. 2020). “6 (employees that provide companionship services may also provide care services, so long as the provision of care does not exceed 20 percent of the employee’s hours worked); 29 C.F.R. § 786.100 (switchboard operators may engage in nonexempt work so long as the amount of…”
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