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Fair Labor Standards Act (“FLSA”) - page 5 / 8





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each case. Primary duty means the principal, main, major or most important duty that the employee performs.

Executive- primary duties must include managing, including a significant influence in hiring and firing, the enterprise or a customarily recognized department or subdivision of the enterprise and customarily and regularly supervising the activities of at least two employees or the equivalent of two employees. An employee who owns a least twenty percent equity interest in the enterprise in which employed and who is actively engage in its management qualifies for this exemption.

Administrative- primary duties must include 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. These duties should include exercising discretion and judgment with respect to matters of significance.

Professional-primary duties must include the performance of work that requires advanced knowledge in a field of science or learning and must be customarily acquired by a prolonged course of specialized education. Employees that perform essentially the same duties and have the same knowledge as employees that have degrees, but attained their advanced knowledge through a combination of work experience and education can also qualify for this exemption.

Computer Professionals- primary duties include the performance of work related to systems analysis, systems and software programming and engineering and other similarly skilled work. Employees that perform work related to the manufacture or repair of computer equipment are not exempt under this provision.

Outside Salesperson- primary duties include making sales or obtaining orders or contracts for services or for the use of facilities for consideration that is customarily and regularly engaged away from the employer’s place of business. Sales must be made at the customers place of business and sales made by mail, phone or through the internet do not qualify if the employee does not make a personal appearance at the customer’s place of business. The salary requirements of this exemption (The Salary Basis and Level Tests) do not apply to outside salespersons.

Miscellaneous exemptions include an exemption for an employee holding a valid license or certificate permitting the practice of law and is actually engaged in the practice of law and highly paid employees (annual compensation of at least $ 100,000) that do not qualify for the executive, administrative or professional exemption, but perform at least one of the exempt duties of the executive, administrative, or professional employee.

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