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Content Last Revised: 4/23/04
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CFR  

Code of Federal Regulations Pertaining to ESA

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Title 29  

Labor

 

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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

 

 

 

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Subpart B  

Executive Employees


29CFR541.100 - General rule for executive employees.

  • Section Number: 541.100
  • Section Name: General rule for executive employees.

    (a) The term ``employee employed in a bona fide executive 
capacity'' in section 13(a)(1) of the Act shall mean any employee:
    (1) 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;
    (2) Whose primary duty is management of the enterprise in which the 
employee is employed or of a customarily recognized department or 
subdivision thereof;
    (3) Who customarily and regularly directs the work of two or more 
other employees; and
    (4) Who has the authority to hire or fire other employees or whose 
suggestions and recommendations as to the hiring, firing, advancement, 
promotion or any other change of status of other employees are given 
particular weight.
    (b) The phrase ``salary basis'' is defined at Sec.  541.602; 
``board, lodging or other facilities'' is defined at Sec.  541.606; 
``primary duty'' is defined at Sec.  541.700; and ``customarily and 
regularly'' is defined at Sec.  541.701.
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