C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER B—STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS › PART 786—MISCELLANEOUS EXEMPTIONS AND EXCLUSIONS FROM COVERAGE › Subpart D—Employers Subject to Part 1 of Interstate Commerce Act

29 C.F.R. § 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]
Notes of Decisions
Cited in 4 cases, 2011–2020 · leading case: Alec Marsh v. J. Alexander's LLC, 905 F.3d 610 (9th Cir. 2018).
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Alec Marsh v. J. Alexander's LLC, 905 F.3d 610 (9th Cir. 2018). “”); 29 C.F.R. § 786.150 (“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.”
Alec Marsh v. J. Alexander's LLC, 869 F.3d 1108 (9th Cir. 2017). · cites it 2× “I disagree, as the 1980 Letter embraced time limits when it explained that “routine[]” untipped work would not be permissible.”
Dennis v. Watco Companies, Inc., 631 F.3d 1303 (10th Cir. 2011). · cites it 2× “See 29 C.F.R. § 786.150 . Rather, they claim that because Watco is “directly involved in employment decisions of SKOR and SLWC”; is “involved in policy-making; decision-making; directions; assign *1305 ment; scheduling of work; and work practices”; and “jointly carries] out rail…”
Roberson v. Texas Roadhouse Mgmt. Corp., No. 3:19-cv-00628 (W.D. Ky. Dec. 10, 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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