The exemption provided by paragraph 13(a)(8) of the Fair Labor
Standards Act of 1938 applies to ``any employee employed in connection
with the publication of any weekly, semiweekly, or daily newspaper with
a circulation of less than four thousand the major part of which
circulation is within the county where published or counties contiguous
thereto.'' For the purpose of enforcement, it is the Divisions' position
that such an employee is within the exemption even though he is also
engaged in job printing activities. if less than 50 percent of the
employee's worktime during the workweek is spent in job printing work,
some of which is subject to the Act. If none of the job printing
activities are within the general coverage of the Act, the exemption
applies even if the job printing activities equal or exceed 50 percent
of the employee's worktime. However, this exemption is not applicable if
the employee spends 50 percent or more of his worktime in a workweek on
job printing, any portion of which is within the general coverage of the
Act on an individual or enterprise basis.
[32 FR 15426, Nov. 4, 1967]
