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on a “salary basis.” If the employee is ready, willing and able to work, deductions may not

be made for time when work is not available.

The most common exemptions to the payment of overtime include:

Executive Exemption

Administrative Exemption

To qualify for the executive employee exemption, all of these tests must be met:

To qualify for the administrative employee exemption, all of these tests must be met:

1. the employee must be compensated on a salary basis (as defined in the regulations) at a rate not less than $455 per week;

1. the employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;

  • 2.

    the employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;

  • 3.

    the employee must customarily & regularly direct the work of at least two or more other full-time employees or their equivalent; and

4. the employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.

2. 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

3. the employee’s primary duty includes the exercise of discretion & independent judgment with respect to matters of significance.

Learned Professional Exemption

Creative Professional Exemption

To qualify for the learned professional employee exemption, all of these tests must be met:

To qualify for the creative professional employee exemption, all of these tests must be met:

  • 1.

    the employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;

  • 2.

    the employee’s primary duty must be the performance of work requiring advanced knowledge, defined as predominantly intellectual in character & which

  • 1.

    the employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week; and

  • 2.

    the employee’s primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or

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