Where an employee's employment during part of his workweek would
qualify for exemption under section 13(b)(14) if it continued throughout
the workweek, and the remainder of his workweek is spent in employment
which, if it continued throughout the workweek, would qualify for
exemption under another section or sections of the Act, the exemptions
may be combined (see Remington v. Shaw (W.D. Mich.) 2 WH Cases 262). The
employee, however, qualifies for exemption only to the extent of the
exemption which is more limited in scope (see Mitchell v. Hunt, 263 F.
2d 913). For example, if part of the work is exempt from both minimum
wage and overtime compensation under one section of the Act and the rest
is exempt only from the overtime pay provisions under another section,
the employee is exempt that week from the overtime provisions, but not
from the minimum wage requirements. In this connection, attention is
directed to another exemption in the Act which relates to work in grain
elevators, which may apply in appropriate circumstances, either in
combination with section 13(b)(14) or to employees for whom the
requirements of section 13(b)(14) cannot be met. This other exemption is
that provided by section 7(c). Section 7(c), which is discussed in part
526 of this chapter, provides a limited overtime exemption for employees
employed in the seasonal industry of storing grain in country grain
elevators, public terminal and sub-terminal elevators, wheat flour
mills, nonelevator bulk storing establishments and flat warehouses,
Sec. 526.10(b)(14) of this chapter.
