The Division has taken the position that the exemption provided by
section 13(b)(3) of the Fair Labor Standards Act of 1938, as amended,
will be deemed applicable even though some nonexempt work (that is, work
of a nature other than that which characterizes the exemption) is
performed by the employee during the workweek, unless the amount of such
nonexempt work is substantial. For enforcement purposes, the amount of
nonexempt work will be considered substantial if it occupies more than
20 percent of the time worked by the employed during the workweek.
[21 FR 5056, July 7, 1956]
