[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR793.10]



[Page 692]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 793_EXEMPTION OF CERTAIN RADIO AND TELEVISION STATION EMPLOYEES FROM 

OVERTIME PAY REQUIREMENTS UNDER SECTION 13(b)(9) OF THE FAIR LABOR STANDARDS 

ACT--Table of Contents

 

Sec.  793.10  Primary employment in named occupation.



    The legislative history of the exemption is explicit that the 

exemption applies only to an employee who is employed ``primarily'' as 

an announcer, news editor, or chief engineer. Thus the Senate Report 

states: ``The exemption is specifically limited to those employees who 

are employed primarily in the named occupations * * *'' (S. Rept. 145, 

87th Cong., 1st sess., p. 37). No specific rule can be established for 

determining whether in any given case an employee is employed 

``primarily'' in the named occupations. Generally, however, where an 

employee spends more than half of the hours he works in a workweek in a 

named occupation, he will be considered to be primarily employed in such 

occupation during that workweek. The answer will necessarily depend upon 

the facts in each case.