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.
[32 FR 15426, Nov. 4, 1967]
