The related work which an employee may perform is clearly limited in
nature and extent by a number of requirements. One limitation is that
the work must be an incident to the employee's primary occupation. The
work therefore may not predominate over his primary job. He is not
``employed as'' an announcer, news editor, or chief engineer if his
dominant employment is in work outside such occupations (see Walling v.
Haden, 153 F. 2d 196, cert. denied 328 U.S. 866). For instance, an
announcer who spends 40 hours of his 48 hour workweek in selling
broadcasting time would not be considered to be ``incidentally'' engaged
in such selling.
Selling would in such circumstances be his primary occupation. His
duties as an announcer must constitute his primary job. Another
requirement is that the work of the employees must be performed ``for
the broadcasting company by which they are employed * * *'' (see S.
Rept. cited in Sec. 793.12). Sale of broadcasting time for a company
which does not employ the employee as an announcer, news editor, or
chief engineer, is not exempt work. Work which is not performed for the
station by which the employee is employed, is not intended to be exempt.
For a discussion of the effect on the exemption of nonexempt work see
Secs. 793.19 to 793.21.
