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: 541.0
- Section Name: Introductory statement.
(a) Section 13(a)(1) of the Fair Labor Standards Act, as amended,
provides an exemption from the Act's minimum wage and overtime
requirements for any employee employed in a bona fide executive,
administrative, or professional capacity (including any employee
employed in the capacity of academic administrative personnel or
teacher in elementary or secondary schools), or in the capacity of an
outside sales employee, as such terms are defined and delimited from
time to time by regulations of the Secretary, subject to the provisions
of the Administrative Procedure Act. Section 13(a)(17) of the Act
provides an exemption from the minimum wage and overtime requirements
for computer systems analysts, computer programmers, software
engineers, and other similarly skilled computer employees.
(b) The requirements for these exemptions are contained in this
part as follows: executive employees, subpart B; administrative
employees, subpart C; professional employees, subpart D; computer
employees, subpart E; outside sales employees, subpart F. Subpart G
contains regulations regarding salary requirements applicable to most
of the exemptions, including salary levels and the salary basis test.
Subpart G also contains a provision for exempting certain highly
compensated employees. Subpart H contains definitions and other
miscellaneous provisions applicable to all or several of the
exemptions.
(c) Effective July 1, 1972, the Fair Labor Standards Act was
amended to include within the protection of the equal pay provisions
those employees exempt from the minimum wage and overtime pay
provisions as bona fide executive, administrative, and professional
employees (including any employee employed in the capacity of academic
administrative personnel or teacher in elementary or secondary
schools), or in the capacity of an outside sales employee under section
13(a)(1) of the Act. The equal pay provisions in section 6(d) of the
Fair Labor Standards Act are administered and enforced by the United
States Equal Employment Opportunity Commission.
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