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May 10, 2009   
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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 C  

Administrative Employees


29CFR541.201 - Directly related to management or general business operations.

  • Section Number: 541.201
  • Section Name: Directly related to management or general business operations.

    (a) To qualify for the administrative exemption, an employee's 
primary duty must be the performance of work directly related to the 
management or general business operations of the employer or the 
employer's customers. The phrase ``directly related to the management 
or general business operations'' refers to the type of work
performed by the employee. To meet this requirement, an employee must 
perform work directly related to assisting with the running or 
servicing of the business, as distinguished, for example, from working 
on a manufacturing production line or selling a product in a retail or 
service establishment.
    (b) Work directly related to management or general business 
operations includes, but is not limited to, work in functional areas 
such as tax; finance; accounting; budgeting; auditing; insurance; 
quality control; purchasing; procurement; advertising; marketing; 
research; safety and health; personnel management; human resources; 
employee benefits; labor relations; public relations, government 
relations; computer network, internet and database administration; 
legal and regulatory compliance; and similar activities. Some of these 
activities may be performed by employees who also would qualify for 
another exemption.
    (c) An employee may qualify for the administrative exemption if the 
employee's primary duty is the performance of work directly related to 
the management or general business operations of the employer's 
customers. Thus, for example, employees acting as advisers or 
consultants to their employer's clients or customers (as tax experts or 
financial consultants, for example) may be exempt.
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