SIDE-BY-SIDE
Overtime Security for the 21st Century Workforce
Short Test Before 08/23/2004 |
Standard Test Effective |
|
Salary Level |
$250 per week |
$455 per week |
Duties |
Whose primary duty consists of the management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof; and Includes the customary and regular direction of the work of two or
more other employees therein.
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Whose primary duty is management of the enterprise in which the
employee is employed or of a customarily recognized department or
subdivision thereof; 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. |
Short Test Before 08/23/2004 |
Standard Test Effective |
|
Salary Level |
$250 per week |
$455 per week |
Duties |
Whose primary duty consists of the performance of office or non-manual work directly related to management policies or general business operations of the employer or the employer’s customers; and Which includes work requiring the exercise of discretion and independent judgment. |
Whose primary duty is 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 Whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance. |
Short Test Before 08/23/2004 |
Standard Test Effective |
|
Salary Level |
$250 per week |
$455 per week |
Duties |
Whose primary duty consists of 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 and study; and Which includes work requiring the consistent exercise of discretion and judgment; or Whose primary duty consists of the performance of work requiring
invention, imagination, or talent in a recognized field of artistic
endeavor. |
Whose primary duty is the performance of work requiring knowledge of an advanced type (defined as work which is predominantly intellectual in character, and which includes work requiring the consistent exercise of discretion and judgment) in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction; or Whose primary duty is the performance of work requiring invention,
imagination, originality or talent in a recognized field of artistic
or creative endeavor.
|
Short Test Before 08/23/2004 |
Standard Test Effective |
|
Salary Level |
$250 per week or, if paid hourly, |
$455 per week or $27.63 an hour |
Duties |
Primary duty of performing work that requires theoretical and practical application of highly-specialized knowledge in computer systems analysis, programming, and software engineering, and employed and engaged in these activities as a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker in the computer software field, as provided in § 541.303, which includes work requiring the consistent exercise of discretion and judgment. § 541.303(b): Whose primary duty consists of
one or more of the following: |
Computer systems analysts, computer programmers, software engineers or other similarly skilled workers in the computer field are eligible for exemption, but only if the employee’s primary duty consists of:
(1) The application of systems analysis techniques and procedures,
including consulting with users, to determine hardware, software or
system functional specifications; |
Short Test Before 08/23/2004 |
Standard Test Effective |
|
Salary Level |
No minimum salary required |
No minimum salary required |
Duties |
Who is employed for the purpose of and who is customarily and regularly engaged away from the employer’s place or places of business in making sales; or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and Who does not devote more than 20 percent of the hours worked in the
workweek by nonexempt employees of the employer to activities that
are not incidental to and in conjunction with the employee’s
own outside sales or solicitations.
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Whose primary duty is making sales or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and Who is customarily and regularly engaged away from the employer’s
place or places of business in performing such primary duty.
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