29 C.F.R. § 779.403 Administrative and executive employees in covered enterprises employed in other than retail or service establishments.
Title 29 - Labor
The up-to-40 percent tolerance for nonexecutive or nonadministrative duties discussed in the preceding section, does not apply to executive or administrative employees of an establishment other than a “retail or service establishment.” For example, an executive or administrative employee of a central office or a central warehouse of a chain store system is not an employee of a “retail or service establishment,” and therefore must still devote not more than 20 percent of his hours worked in a workweek to activities which are not directly and closely related to the performance of executive or administrative duties in order to qualify as a bona fide executive or administrative employee under section 13(a)(1), except where special provisions are made in the regulations issued under that section of the Act.
Title 29: Labor
PART 779—THE FAIR LABOR STANDARDS ACT AS APPLIED TO RETAILERS OF GOODS OR SERVICES
Subpart E—Provisions Relating to Certain Employees of Retail or Service Establishments
Executive, Administrative, and Professional Employees and Outside Salesmen
§ 779.403 Administrative and executive employees in covered enterprises employed in other than retail or service establishments.
