The term service employee as defined in section 8(b) of the Act does
not include persons employed in a bona fide executive, administrative,
or professional capacity as those terms are defined in 29 CFR part 541.
Employees within the definition of service employee who are employed in
an executive, administrative, or professional capacity are not excluded
from coverage, however, even though they are highly paid, if they fail
to meet the tests set forth in 29 CFR part 541. Thus, such employees as
laboratory technicians, draftsmen, and air ambulance pilots, though they
require a high level of skill to perform their duties and may meet the
salary requirements of the regulations in part 541 of this title, are
ordinarily covered by the Act's provisions because they do not typically
meet the other requirements of those regulations.
