The combination of exempt work under sections 13(a)(5) and 13(b)(4),
or one of these sections with exempt work under another section of the
Act, is permitted. Where a part of an employee's covered work in a
workweek is exempt under section 13(a)(5) and the remainder is exempt
under another section which grants an exemption from the minimum wage
and overtime provisions of the Act, the wage and hours requirements are
not applicable. If the scope of the exemption is not the same, however,
the exemption applicable to the employee is that provided by whichever
exemption provision is more limited in scope unless, of course, the time
spent in performing work which is nonexempt under the broader exemption
is not substantial. For example, an employee may devote part of his
workweek to work within section 13(b)(4) and the remainder to work
exempt from both the minimum wage and overtime requirements under
another section of the Act. In such a case he must receive the minimum
wage but is not required to receive time and one-half for his overtime
work during that week (C.F. Mitchell v. Myrtle Grove Packing Co., 350
U.S. 891; Tobin v. Blue Channel Corp., 198 F. 2d 245). 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. Unless
the employee meets all the requirements of each exemption a combination
exemption would not be available.
