Exemptions for Executive, Professional, Administrative Employees

posted by Neil Klingshirn  |  Jul 9, 2009 3:02 PM [EST]  |  applies to Ohio

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

The 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:

• Executive employees,
  
• Administrative employees,
  
• Professional employees, and
• the Salary Payment Test.
  

Section 541 also covers an exemption for highly compensated employees and contains definitions and other provisions applicable to Section 213 exemptions.

External Links

• 29 USC Section 213
  
• 29 CFR Part 541

posted by Neil Klingshirn  |  Jul 9, 2009 3:02 PM [EST]  |  applies to Ohio