CFR |
Code of Federal Regulations Pertaining to ESA |
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Chapter
V |
Wage and Hour Division, Department of Labor |
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Part
541 |
Defining and Delimiting the Exemptions for Executive,
Administrative, Professional, Computer and Outside Sales Employees |
- Section Number: 541.600
- Section Name: Amount of salary required.
(a) To qualify as an exempt executive, administrative or
professional employee under section 13(a)(1) of the Act, an employee
must be compensated on a salary basis at a rate of not less than $455
per week (or $380 per week, if employed in American Samoa by employers
other than the Federal Government), exclusive of board, lodging or
other facilities. Administrative and professional employees may also be
paid on a fee basis, as defined in Sec. 541.605.
(b) The $455 a week may be translated into equivalent amounts for
periods longer than one week. The requirement will be met if the
employee is compensated biweekly on a salary basis of $910, semimonthly
on a salary basis of $985.83, or monthly on a salary basis of
$1,971.66. However, the shortest period of payment that will meet this
compensation requirement is one week.
(c) In the case of academic administrative employees, the
compensation requirement also may be met by compensation on a salary
basis at a rate at least equal to the entrance salary for teachers in
the educational establishment by which the employee is employed, as
provided in Sec. 541.204(a)(1).
(d) In the case of computer employees, the compensation requirement
also may be met by compensation on an hourly basis at a rate not less
than $27.63 an hour, as provided in Sec. 541.400(b).
(e) In the case of professional employees, the compensation
requirements in this section shall not apply to employees engaged as
teachers (see Sec. 541.303); employees who hold a valid license or
certificate permitting the practice of law or medicine or any of their
branches and are actually engaged in the practice thereof (see Sec.
541.304); or to employees who hold the requisite academic degree for
the general practice of medicine and are engaged in an internship or
resident program pursuant to the practice of the profession (see Sec.
541.304). In the case of medical occupations, the exception from the
salary or fee requirement does not apply to pharmacists, nurses,
therapists, technologists, sanitarians, dietitians, social workers,
psychologists, psychometrists, or other professions which service the
medical profession.
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