Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 29 - Labor |
Subtitle B - Regulations Relating to Labor |
Chapter V - Wage and Hour Division, Department of Labor |
SubChapter B - Statements of General Policy or Interpretation Not Directly Related to Regulations |
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 |
Executive, Administrative, and Professional Employees and Outside Salesmen |
§ 779.403 - Administrative and executive employees in covered enterprises employed in other than retail or service establishments.
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§ 779.403 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.