Content Last Revised: 4/23/04 ---DISCLAIMER---

29CFR541.706 - Emergencies.

• Section Number: 541.706
• Section Name: Emergencies.

    (a) An exempt employee will not lose the exemption by performing 
work of a normally nonexempt nature because of the existence of an 
emergency. Thus, when emergencies arise that threaten the safety of 
employees, a cessation of operations or serious damage to the 
employer's property, any work performed in an effort to prevent such 
results is considered exempt work.
    (b) An ``emergency'' does not include occurrences that are not 
beyond control or for which the employer can reasonably provide in the 
normal course of business. Emergencies generally occur only rarely, and 
are events that the employer cannot reasonably anticipate.
    (c) The following examples illustrate the distinction between 
emergency work considered exempt work and routine work that is not 
exempt work:
    (1) A mine superintendent who pitches in after an explosion and 
digs out workers who are trapped in the mine is still a bona fide 
executive.
    (2) Assisting nonexempt employees with their work during periods of 
heavy workload or to handle rush orders is not exempt work.
    (3) Replacing a nonexempt employee during the first day or partial 
day of an illness may be considered exempt emergency work depending on 
factors such as the size of the establishment and of the executive's 
department, the nature of the industry, the consequences that would 
flow from the failure to replace the ailing employee immediately, and 
the feasibility of filling the employee's place promptly.
    (4) Regular repair and cleaning of equipment is not emergency work, 
even when necessary to prevent fire or explosion; however, repairing 
equipment may be emergency work if the breakdown of or damage to the 
equipment was caused by accident or carelessness that the employer 
could not reasonably anticipate.