(a) An employee may be engaged in a particular workweek in two or
more types of activities for each of which a specific exemption is
provided by the Act. The combined work of the employee during such a
workweek may not satisfy the requirements of either exemption. It is not
the intent of the Act, however, that an exemption based on the
performance of one exempt activity should be defeated by the performance
of another activity which has been made the basis of an equivalent
exemption under another provision of the Act. Thus, where an employee
during a particular workweek is exclusively engaged in performing two or
more activities to which different exemptions are applicable, each of
which activities considered separately would be an exempt activity under
the applicable exemption if it were the sole activity of the employee
for the whole workweek in question, as a matter of enforcement policy
the employee will be considered exempt during such workweek. If the
scope of such exemptions is not the same, the exemption applicable to
the employee will be equivalent to that provided by whichever exemption
provision is more limited in scope.
(b) In the case of an establishment which sells both goods and
services at retail and which qualifies as an exempt establishment under
section 13(a)(2), but cannot, as a whole, meet the tests of section
13(a)(4) because it sells services as well as goods, a combination of
section 13(a)(2) and 13(a)(4) exemptions may nevertheless be available
for employees of the establishment who make or process, on the premises,
goods which it sells. Such employees employed by an establishment which,
as a whole, meets the tests set forth in section 13(a)(2), will be
considered exempt under this combination exemption if the establishment,
on the basis of all its activities other than sales of services, would
meet the tests of section 13(a)(4).
(c) Where two or more exemptions are applicable to an employee's
work or employment during a workweek and where he may be exempt under a
combination of exemptions stated above, the availability of a
combination exemption will depend on whether the employee meets all the
requirements of each exemption which it is sought to combine.
