[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR541.0]

[Page 177-178]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 541_DEFINING AND DELIMITING THE TERMS ``ANY EMPLOYEE EMPLOYED IN A 
 
                      Subpart A_General Regulations
 
Sec. 541.0  Terms used in regulations.

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 
OUTSIDE SALESMAN''--Table of Contents




    Effective Date Note: The President's Memorandum of January 29, 1981 
(46 FR 11227, Feb. 6, 1981), directed Federal agencies to postpone for 
sixty days from January 29, 1981, the effective date of all regulations 
that they had promulgated in final form and had scheduled to become 
effective during such sixty day period.
    Several sections in part 541 were revised at 46 FR 3013, Jan. 13, 
1981, and the effective date subsequently postponed. For further 
explanation, see the notes following the text of affected sections in 
this part.

                      Subpart A_General Regulations

Sec.
541.0 Terms used in regulations.
541.1 Executive.
541.2 Administrative.
541.3 Professional.
541.5 Outside salesman.
541.5a Special provision for motion picture producing industry.
541.5b Equal pay provisions of section 6(d) of the act apply to 
          executive, administrative, and professional employees, and to 
          outside salesmen.
541.5d Special provisions applicable to employees of public agencies.
541.6 Petition for amendment of regulations.
541.52 Special provision for motion picture producing industry.

[[Page 178]]

                        Subpart B_Interpretations

541.99 Introductory statement.

           Employee Employed in a Bona Fide Executive Capacity

541.101 General.
541.102 Management.
541.103 Primary duty.
541.104 Department or subdivision.
541.105 Two or more other employees.
541.106 Authority to hire or fire.
541.107 Discretionary powers.
541.108 Work directly and closely related.
541.109 Emergencies.
541.110 Occasional tasks.
541.111 Nonexempt work generally.
541.112 Percentage limitations on nonexempt work.
541.113 Sole-charge exception.
541.114 Exception for owners of 20-percent interest.
541.115 Working foremen.
541.116 Trainees, executive.
541.117 Amount of salary required.
541.118 Salary basis.
541.119 Special proviso for high salaried executives.

        Employee Employed in a Bona Fide Administrative Capacity

541.201 Types of administrative employees.
541.202 Categories of work.
541.203 Nonmanual work.
541.205 Directly related to management policies or general business 
          operations.
541.206 Primary duty.
541.207 Discretion and independent judgment.
541.208 Directly and closely related.
541.209 Percentage limitations on nonexempt work.
541.210 Trainees, administrative.
541.211 Amount of salary or fees required.
541.212 Salary basis.
541.213 Fee basis.
541.214 Special proviso for high salaried administrative employees.
541.215 Elementary or secondary schools and other educational 
          establishments and institutions.

         Employee Employed in a Bona Fide Professional Capacity

541.300 General.
541.301 Learned professions.
541.302 Artistic professions.
541.303 Computer related occupations under Public Law 101-583.
541.304 Primary duty.
541.305 Discretion and judgment.
541.306 Predominantly intellectual and varied.
541.307 Essential part of and necessarily incident to.
541.308 Nonexempt work generally.
541.309 20-percent nonexempt work limitation.
541.310 Trainees, professional.
541.311 Amount of salary or fees required.
541.312 Salary basis.
541.313 Fee basis.
541.314 Exception for physicians, lawyers, and teachers.
541.315 Special proviso for high salaried professional employees.

          Employee Employed in the Capacity of Outside Salesman

541.500 Definition of ``outside salesman.''
541.501 Making sales or obtaining orders.
541.502 Away from his employer's place of business.
541.503 Incidental to and in conjunction with sales work.
541.504 Promotion work.
541.505 Driver salesmen.
541.506 Nonexempt work generally.
541.507 20-percent limitation on nonexempt work.
541.508 Trainees, outside salesmen.

                            Special Problems

541.600 Combination exemptions.
541.601 Special provision for motion picture producing industry.
541.602 Special proviso concerning executive and administative employees 
          in multi-store retailing operations.

Appendix to Part 541--Occupational Index

    Authority: 29 U.S.C. 213; Pub. L. 101-583, 104 Stat. 2871; 
Reorganization Plan No. 6 of 1950 (3 CFR, 1945-53 Comp., p. 1004); 
Secretary's Order No. 13-71 (36 FR 8755).

    Source: 38 FR 11390, May 7, 1973, unless otherwise noted.



    (a) Administrator means the Administrator of the Wage and Hour 
Division, U.S. Department of Labor. The Secretary of Labor has delegated 
to the Administrator the functions vested in him under section 13(a)(1) 
of the Fair Labor Standards Act.
    (b) Act means the Fair Labor Standards Act of 1938, as amended.