[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: 29CFR793.13]



[Page 692-693]

 

                             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.  793.13  Limitation on related and incidental work.



    The related work which an employee may perform is clearly limited in 

nature and extent by a number of requirements. One limitation is that 

the work must be an incident to the employee's primary occupation. The 

work therefore may not predominate over his primary job. He is not 

``employed as'' an announcer, news editor, or chief engineer if his 

dominant employment is in work outside such occupations (see Walling v. 

Haden, 153 F. 2d 196, cert. denied 328 U.S. 866). For instance, an 

announcer who spends 40 hours of his 48 hour workweek in selling 

broadcasting time would not be considered to be ``incidentally'' engaged 

in such selling. Selling would in such circumstances be his primary 

occupation. His duties as an announcer must constitute his primary job. 

Another requirement is that the work of the employees must be performed 

``for the broadcasting company by which they are employed * * *'' (see 

S. Rept. cited in Sec.  793.12). Sale of broadcasting time for a company 

which does not employ the employee as an announcer, news editor, or 

chief engineer, is not exempt work. Work which is not performed for the 

station by which the employee is employed, is not intended



[[Page 693]]



to be exempt. For a discussion of the effect on the exemption of 

nonexempt work see Sec. Sec.  793.19 to 793.21.