Where an employee in the same workweek performs work which is exempt
under one section of the Act and also engages in work to which the Act
applies but is not exempt under some other section of the Act, he is not
exempt that week, and the wage and hour requirements of the Act are
applicable (see Mitchell v. Hunt, 263 F. 2d 913; Mitchell v. Maxfield,
12 WH Cases 792 (S.D. Ohio), 29 Labor Cases 69, 781; Jordan v. Stark
Bros. Nurseries, 45 F. Supp. 769; McComb v. Puerto Rico Tobacco
Marketing Co-op Ass'n, 80 F. Supp. 953, affirmed 181 F. 2d 697; Walling
v. Peacock Corp., 58 F. Supp. 880-883). On the other hand, an employee
who performs exempt activities during a workweek will not lose the
exemption by virtue of the fact that he performs other activities
outside the scope of the exemption if the other activities are not
covered by the Act.
