Exemptions for Executive, Professional, Administrative Employees
Section 213(a)(1) of the Fair Labor Standards Act ("FLSA") exempts executives, administrators and professionals from its minimum wage and overtime requirements.
Test for Executive, Professional and Administrative Exemptions
employer has the burden of proving an employee is exempted from
overtime or the minimum wage. For executive, professional and administrative employees, the employer must satisfy two tests.
First, that the employee is paid on a salaried basis and second, that
the employee performs exempt duties.The US DOL Wage and Hour Division has specific, detailed regulations covering these exemptions at 29 CFR Part 541. It covers exempt duties for:
Section 541 also covers an exemption for highly compensated employees and contains definitions and other provisions applicable to Section 213 exemptions.
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