Executive Employees
An "employee employed in a bona fide
executive...capacity" is exempt from overtime requirements
if the employee is paid on a salary basis and meets all of the
following requirements:
[_] 1. Primary duty*...management
[_] 2. Directs two or more employees
[_] 3. Hire - fire authority
[_] 4. Exercises discretion
[_] 5. Less than 20% non-exempt work
[_] 6. Salary of at least $155/week
Administrative Employees
An "employee employed in a bona fide
administrative...capacity" is exempt from overtime
requirements if the employee is paid on a salary basis and meets
all of the following requirements:
[_] 1. Primary duty*...office/non-manual work related to
management of the business
[_] 2. Exercises discretion
[_] 3. Regularly assists executive, or performs specialized work,
or executes special assignments
[_] 4. Less than 20% non-exempt work
[_] 5. Salary of at least $155/week
Professional Employees
An "employee employed in a bona fide
professional...capacity" is exempt from overtime
requirements if the employee is paid on a salary or fee basis and
meets all of the following requirements:
[_] 1. Primary duty*... work requiring advanced knowledge through
prolonged course of study
[_] 2. Exercises discretion
[_] 3. Work is intellectual and varied
[_] 4. Less than 20% non-exempt work
[_] 5. Salary of at least $170/week
*Primary is defined under DOL regulations as requiring the
employee to spend at least fifty percent of work time performing
those duties.
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