29 CFR 780.403
§ 780.403 Employee basis of exemption under section 13(b)(12).
United States · 29 CFR — Labor · Status: effective
Cite this
- Citation
- 29 CFR 780.403, § 780.403 Employee basis of exemption under section 13(b)(12), United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/126501
- Permanent ID
ys:prov:126501@1- SHA-256
7c453d2548f27b8739ba14cdf0e7efbf2fb79dd03dabc37e9027f8e3b9ea1f2b
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full text
Section 13(b)(12) exempts “any employee employed in * * *.” It is clear from this language that it is the activities of the employee rather than those of his employer which ultimately determine the application of the exemption. Thus the exemption may not apply to some employees of an employer engaged almost exclusively in activities within the exemption, and it may apply to some employees of an employer engaged almost exclusively in other activities. But the burden of effecting segregation between exempt and nonexempt work as between different groups of employees is upon the employer.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.