[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: 29CFR541.202]

[Page 198-199]
 
                             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 B_Interpretations
 
Sec. 541.202  Categories of work.

    (a) The work generally performed by employees who perform 
administrative tasks may be classified into the following general 
categories for purposes of the definition: (This classification is 
without regard to whether the work is manual or nonmanual. The problem 
of manual work as it affects the exemption of administrative employees 
is discussed in Sec. 541.203.) (1) The work specifically described in 
paragraphs (a), (b), and (c) of Sec. 541.2; (2) routine work which is 
directly and closely related to the performance of the work which is 
described in paragraphs (a), (b), and (c) of Sec. 541.2; and (3) 
routine work which is not related or is only remotely related to the 
administrative duties. (As used in this subpart the phrase ``routine 
work'' means work which does not require the exercise of discretion and 
independent judgment. It is not necessarily restricted to work which is 
repetitive in nature.)
    (b) The work in category 1, that which is specifically described in 
Sec. 541.2 as requiring the exercise of discretion and independent 
judgment, is clearly exempt in nature.
    (c) Category 2 consists of work which if separated from the work in 
category 1 would appear to be routine, or on a fairly low level, and 
which does not

[[Page 199]]

itself require the exercise of discretion and independent judgment, but 
which has a direct and close relationship to the performance of the more 
important duties. The directness and closeness of the relationship may 
vary depending upon the nature of the job and the size and organization 
of the establishment in which the work is performed. This ``directly and 
closely related'' work includes routine work which necessarily arises 
out of the administrative duties, and the routine work without which the 
employee's more important work cannot be performed properly. It also 
includes a variety of routine tasks which may not be essential to the 
proper performance of the more important duties but which are 
functionally related to them directly and closely. In this latter 
category are activities which an administrative employee may reasonably 
be expected to perform in connection with carrying out his 
administrative functions including duties which either facilitate or 
arise incidentally from the performance of such functions and are 
commonly performed in connection with them.
    (d) These ``directly and closely related'' duties are 
distinguishable from the last group, category 3, those which are 
remotely related or completely unrelated to the more important tasks. 
The work in this last category is nonexempt and must not exceed the 20-
percent limitation for nonexempt work (up to 40 percent or service 
establishment) if the exemption is to apply.
    (e) Work performed by employees in the capacity of ``academic 
administrative'' personnel is a category of administrative work limited 
to a class of employees engaged in academic administration as contrasted 
with the general usable of ``administrative'' in the act. The term 
``academic administrative'' denotes administration relating to the 
academic operations and functions in a school rather than to 
administration along the lines of general business operations. Academic 
administrative personnel are performing operations directly in the field 
of education. Jobs relating to areas outside the educational field are 
not within the definition of academic administration. Examples of jobs 
in school systems, and educational establishments and institutions, 
which are outside the term academic administration are jobs relating to 
building management and maintenance, jobs relating to the health of the 
students and academic staff such as social workers, psychologist, lunch 
room manager, or dietitian. Employees in such work which is not 
considered academic administration may qualify for exemption under other 
provisions of Sec. 541.2 or under other sections of the regulations in 
subpart A of this part provided the requirements for such exemptions are 
met.