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Content Last Revised: 11/2/61
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CFR  

Code of Federal Regulations Pertaining to ESA

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

29 CFR 793.10 - Primary employment in named occupation.

  • Section Number: 793.10
  • Section Name: 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.
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