['Wage and Hour']

['Fair Labor Standards Act (FLSA)']

11/21/2023

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§553.212 Twenty percent limitation on nonexempt work.

...

§553.212 Twenty percent limitation on nonexempt work.

RegSense Wage and Hour CFR Regulations Associate Benefits & Compensation Fair Labor Standards Act (FLSA)CFR Section Focus Area Human Resources

(a) Employees engaged in law enforcement activities as described in §553.211 may also engage in some nonexempt work which is not performed as an incident to or in conjunction with their law enforcement activities. The performance of such nonexempt work will not defeat either the section 13(b)(20) or 7(k) exemptions unless it exceeds 20 percent of the total hours worked by that employee during the workweek or applicable work period. A person who spends more than 20 percent of his/her working time in nonexempt activities is not considered to be an employee engaged in law enforcement activities for purposes of this part.