/*-->*/, To order printed copies of fact sheets, please email your request to DOL-WHDPUBliCATIONS@dol.gov. The exemptions provided by FLSA Section 13(a)(1) apply only to “white-collar” employees who meet the salary and duties tests set forth in the Part 541 regulations. The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below; The employee’s primary duty must consist of: The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or. An agency within the U.S. Department of Labor, 200 Constitution Ave NW FLSA-covered, non-management employees in production, maintenance, construction and similar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers and laborers are entitled to minimum wage and overtime premium pay under the FLSA, and are not exempt under the Part 541 regulations no matter how highly paid they might be. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Before sharing sensitive information, make sure you’re on a federal government site.

White House; Coronavirus Resources; Severe Storm and Flood Recovery Assistance; Disaster Recovery Assistance ; … The site is secure. An official website of the United States government. To qualify for the executive employee exemption, all of the following tests must be met: To qualify for the administrative employee exemption, all of the following tests must be met: To qualify for the learned professional employee exemption, all of the following tests must be met: To qualify for the creative professional employee exemption, all of the following tests must be met: To qualify for the computer employee exemption, the following tests must be met: To qualify for the outside sales employee exemption, all of the following tests must be met: Highly compensated employees performing office or non-manual work and paid total annual compensation of $107,432 or more (which must include at least $684* per week paid on a salary or fee basis) are exempt from the FLSA if they customarily and regularly perform at least one of the duties of an exempt executive, administrative or professional employee identified in the standard tests for exemption. Some employers are apparently referring mainly (or even only) to U.S. Labor Department "Fact Sheets" in deciding what they should do to prepare for the coming changes in the federal Fair Labor Standards Act's so-called "white collar" exemptions. The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise; The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and.

This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. 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. USDOL "Fact Sheets" Are Not The Law. The .gov means it’s official. The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and. Before sharing sensitive information, make sure you’re on a federal government site. Before sharing sensitive information, make sure you’re on a federal government site. Wage and Hour Laws Blog. .manual-search-block #edit-actions--2 {order:2;} Police, Fire Fighters, Paramedics & Other First Responders. The employee’s primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.

The employee’s primary duty must be making sales (as defined in the FLSA), or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and. This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $684. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way.

Job titles do not determine exempt status. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Similarly, employers may, on their own initiative or under a collective bargaining agreement, provide a higher wage, shorter workweek, or higher overtime premium than provided under the FLSA. See other fact sheets in this series for more information on the exemptions for executive, administrative, professional, computer and outside sales employees, and for more information on the salary basis requirement. Wage and Hour Division. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } #block-googletagmanagerheader .field { padding-bottom:0 !important; } The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. .manual-search-block #edit-actions--2 {order:2;} A combination of the aforementioned duties, the performance of which requires the same level of skills. */. 1-866-4-US-WAGE The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Links to your state labor department can be found at /agencies/whd/contact/local-offices. Washington, DC 20210

]]>*/, To order printed copies of fact sheets, please email your request to DOL-WHDPUBLICATIONS@dol.gov, Auto Detailing and Car Wash Establishments Under the Fair Labor Standards Act (FLSA), Break Time for Nursing Mothers under the FLSA, Camioneros y Ayudantes (truck Drivers and Helpers, Spanish), Car Wash and Auto Detailing Establishments Under the Fair Labor Standards Act (FLSA), Certification Under Section 14(c) of the FLSA, Coverage the Fair Labor Standards Act (FLSA)p, Exemption for Executive, Administrative, Professional, Computer and Outside Sales, Financial Services Industry Employees, Part 541 Exemptions, Frequently Asked Questions Regarding Furloughs and Other Reductions in Pay and Hours Worked Issues, H-2B Fact Sheet -  General Overview of the H-2B Program, Highly-Compensated Workers, Part 541 Exemptions, Hourly Commensurate Wage Rates Under Section 14(c), Insurance Claims Adjusters, Part 541 Exemptions, Internship Programs Under the Fair Labor Standards Act, McNamara-O’Hara Service Contract Act (SCA), Migrant and Seasonal Agricultural Worker Protections (MSPA), Obreros Immigrantes Indocumentados (Undocumented Immigrant Workers), Occupational Safety and Health Act (OSHA), Personal Time, Fatigue and Delay Allowances Under Section 14(c), Piece Rates Under Section 14(c) of the FLSA, Prohibiting Retaliation Under the Fair Labor Standards Act (FLSA), Rounding Practices for Student-Learners Earning Subminimum Wages, Technologists and Technicians, Part 541 Exemptions. Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA) *Note: The Department of Labor revised the regulations located at 29 C.F.R. 1-866-4-US-WAGE The exemptions do not apply to manual laborers or other “blue-collar” workers who perform work involving repetitive operations with their hands, physical skill and energy. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } [CDATA[/* >