[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.