The combination (tacking) of exempt work under one exemption with
exempt work under another exemption is permitted. For instance, the
overtime pay requirements are not considered applicable to an employee
who does work within section 13(b)(12) for only part of a workweek if
all of the covered work done by him during the remainder of the workweek
is within one or more equivalent exemptions under other provisions of
the Act. If the scope of such exemptions is not the same, however, the
exemption applicable to the employee is equivalent to that provided by
whichever exemption provision is more limited in scope. For instance, an
employee who devotes part of a workweek to work within section 13(b)(12)
and the remainder to work exempt under section 7(c) must receive the
minimum wage and must be paid time and one-half for his overtime work
during that week for hours over 10 a day or 50 a week, whichever
provides the greater compensation. Each activity is tested separately
under the applicable exemption as though it were the sole activity of
the employee for the whole workweek in question. The availability of a
combination exemption depends on whether the employee meets all the
requirements of each exemption which is sought to combine.
