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: 541.3
- Section Name: Scope of the section 13(a)(1) exemptions.
(a) The section 13(a)(1) exemptions and the regulations in this
part do not apply to manual laborers or other ``blue collar'' workers
who perform work involving repetitive operations with their hands,
physical skill and energy. Such nonexempt ``blue collar'' employees
gain the skills and knowledge required for performance of their routine
manual and physical work through apprenticeships and on-the-job
training, not through the prolonged
course of specialized intellectual instruction required for exempt
learned professional employees such as medical doctors, architects and
archeologists. Thus, for example, non-management production-line
employees and non-management employees in 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 Fair Labor Standards Act, and are not
exempt under the regulations in this part no matter how highly paid
they might be.
(b)(1) The section 13(a)(1) exemptions and the regulations in this
part also do not apply to police officers, detectives, deputy sheriffs,
state troopers, highway patrol officers, investigators, inspectors,
correctional officers, parole or probation officers, park rangers, fire
fighters, paramedics, emergency medical technicians, ambulance
personnel, rescue workers, hazardous materials workers and similar
employees, regardless of rank or pay level, who perform work such as
preventing, controlling or extinguishing fires of any type; rescuing
fire, crime or accident victims; preventing or detecting crimes;
conducting investigations or inspections for violations of law;
performing surveillance; pursuing, restraining and apprehending
suspects; detaining or supervising suspected and convicted criminals,
including those on probation or parole; interviewing witnesses;
interrogating and fingerprinting suspects; preparing investigative
reports; or other similar work.
(2) Such employees do not qualify as exempt executive employees
because their primary duty is not management of the enterprise in which
the employee is employed or a customarily recognized department or
subdivision thereof as required under Sec. 541.100. Thus, for example,
a police officer or fire fighter whose primary duty is to investigate
crimes or fight fires is not exempt under section 13(a)(1) of the Act
merely because the police officer or fire fighter also directs the work
of other employees in the conduct of an investigation or fighting a
fire.
(3) Such employees do not qualify as exempt administrative
employees because their primary duty is not the performance of work
directly related to the management or general business operations of
the employer or the employer's customers as required under Sec.
541.200.
(4) Such employees do not qualify as exempt professionals because
their primary duty is not the performance of work requiring knowledge
of an advanced type in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual instruction
or the performance of work requiring invention, imagination,
originality or talent in a recognized field of artistic or creative
endeavor as required under Sec. 541.300. Although some police
officers, fire fighters, paramedics, emergency medical technicians and
similar employees have college degrees, a specialized academic degree
is not a standard prerequisite for employment in such occupations.
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