29 C.F.R. § 786.200
Enforcement policy concerning performance of nonexempt work
The Division has taken the position that the exemption provided by section 13(b)(17) 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 5
cases (2 in the last 5 years), 2017–2023 · 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). “100 (same); 29 C.F.R. § 786.200 (same). 40 MARSH V. J.”
Alec Marsh v. J. Alexander's LLC, 869 F.3d 1108 (9th Cir. 2017). “100 ; 29 C.F.R. § 786.200 . The DOL explained in its amicus brief in this case that it derived the 20% threshold from these provisions.”
Munoz-Gonzalez v. D.L.C. Limousine Serv., Inc., 904 F.3d 208 (2d Cir. 2018). “See 29 C.F.R. § 786.200 (interpreting the taxicab exemption not to cover employees who perform "work of a nature other than that which characterizes [this] exemption" for more than 20% of the workweek).”
Salazar v. Driver Provider Phoenix LLC (D. Ariz. 2023). “29 CFR § 786.200 ; see also U.S. Dep’t of 13 Labor, Wage & Hour Div.”
Salazar v. Driver Provider Phoenix LLC (D. Ariz. 2023). “3d at 216 ; 29 C.F.R. § 786.200 . Defendants argue that most but 14 not all Drivers fall under the exemption.”
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