Content Last Revised: ---DISCLAIMER---

CFR	Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29

Labor

Chapter V

Wage and Hour Division, Department of Labor

Part 779

The Fair Labor Standards Act As Applied to Retailers of Goods or Services

Subpart E

Provisions Relating to Certain Employees of Retail or Service Establishments

• Section Number: 779.403
• Section Name: Administrative and executive employees in covered enterprises employed in other than retail or service establishments.

    The up-to-40 percent tolerance for nonexecutive or nonadministrative 
duties discussed in the preceding section, does not apply to executive 
or administrative employees of an establishment other than a ``retail or 
service establishment.'' For example, an executive or administrative 
employee of a central office or a central warehouse of a chain store 
system is not an employee of a ``retail or service establishment,'' and 
therefore must still devote not more than 20 percent of his hours worked 
in a workweek to activities which are not directly and closely related 
to the performance of executive or administrative duties in order to 
qualify as a bona fide executive or administrative employee under 
section 13(a)(1), except where special provisions are made in the 
regulations issued under that section of the Act.