[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: 29CFR541.211]

[Page 207-208]
 
                             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. 541.211  Amount of salary or fees required.

    (a) Except as otherwise noted in paragraphs (b) and (c) of this 
section, compensation on a salary or fee basis at a rate of not less 
than $155 a week, exclusive of board, lodging or other facilities, is 
required for exemption as an administrative employee. The requirement 
will be met if the employee is compensated biweekly on a salary basis of 
$310, semimonthly on a salary basis of $335.84, or monthly on a salary 
basis of $671.67.
    (b) In Puerto Rico, the Virgin Islands, and American Samoa, the 
salary test for exemption as an administrative employee is $125 per week 
for other than an employee of the Federal Government.
    (c) In the case of academic administrative personnel, the 
compensation requirement for exemption as an administrative employee may 
be met either by the payment described in paragraph (a) or (b) of this 
section, whichever is applicable, or alternatively by compensation on a 
salary basis in an amount which is at least equal to the entrance salary 
for teachers in the school system, or educational establishment or 
institution by which the employee is employed.
    (d) The payment of the required salary must be exclusive of board, 
lodging, or other facilities; that is, free and clear. On the other 
hand, the regulations in subpart A of this part do not prohibit the sale 
of such facilities to administrative employees on a cash basis if they 
are negotiated in the same manner as similar transactions with other 
persons.

[38 FR 11390, May 7, 1973, as amended at 40 FR 7093, Feb. 19, 1975]

    Effective Date Note: Paragraphs (a) and (b) in Sec. 541.211 were 
revised at 46 FR 3014, Jan. 13, 1981. In accordance with the President's 
Memorandum of January 29, 1981 (46 FR 11227, Feb. 6, 1981), the 
effective date was postponed indefinitely at 46 FR 11972, Feb. 12, 1981.
    The text of paragraphs (a) and (b) set forth above remains in effect 
pending further action by the issuing agency. The text of the postponed 
regulation appears below.

[[Page 208]]

Sec. 541.211  Amount of salary or fees required.

    (a) Except as otherwise noted in paragraphs (b) and (c) of this 
section, compensation on a salary or fee basis at a rate of not less 
than $225 per week beginning February 13, 1981 and $250 per week 
beginning February 13, 1983, exclusive of board, lodging or other 
facilities, is required for exemption as an administrative employee. For 
example, based on $250 a week, the requirement will be met if the 
employee is compensated biweekly on a salary basis of $500, semimonthly 
on a salary basis of $541.67 or monthly on a salary basis of $1,083.33.
    (b) In Puerto Rico, the Virgin Islands, and American Samoa, the 
salary test for exemption as an administrative employee is $180 per week 
beginning February 13, 1981 and $200 per week beginning February 13, 
1983 for other than an employee of the Federal Government.

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