Determination of an employee’s primary duty must be based on all the facts in a particular case, with the major emphasis on the character of the employee’s job as a whole. “Primary duty” means the principal, main, major or most important duty that the employee performs. The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction. The advanced knowledge must be in a field of science or learning and.The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment.The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $684 * per week.To qualify for the learned professional employee exemption, all of the following tests must be met: See other fact sheets in this series for more information on the exemptions for executive, administrative, computer and outside sales employees, and for more information on the salary basis requirement. There are two general types of exempt professional employees: learned professionals and creative professionals. The specific requirements for exemption as a bona fide professional employee are summarized below. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations. ![]() Job titles do not determine exempt status. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 * per week. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. ![]() The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. Part 541, as applied to professional employees. This fact sheet provides information on the exemption from minimum wage and overtime pay provided by Section 13(a)(1) of the FLSA as defined by Regulations, 29 C.F.R. WHD will continue to enforce the 2004 part 541 regulations through December 31, 2019, including the $455 per week standard salary level and $100,000 annual compensation level for Highly Compensated Employees. part 541 with an effective date of January 1, 2020. ![]() *Note: The Department of Labor revised the regulations located at 29 C.F.R. Fact Sheet #17D: Exemption for Professional Employees Under the Fair Labor Standards Act (FLSA)
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