[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: 29CFR541.99]

[Page 183-184]
 
                             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. 541.99  Introductory statement.


    (a) Section 13(a)(1) of the Fair Labor Standards Act, as amended, 
exempts from the wage and hour provisions of the act ``any employee 
employed in a 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 (as such terms are defined and 
delimited from time to time by regulations of the Secretary, subject to 
the provisions of the Administrative Procedure Act, except that an 
employee of a retail or service establishment shall not be excluded from 
the definition of employee employed in a bona fide executive or 
administrative capacity because of the number of hours in his workweek 
which he devotes to activities not directly or closely related to the 
performance of executive or administrative activities, if less than 40 
percent of his hours worked in the workweek are devoted to such 
activities).'' The requirements of the exemption under this section of 
the act are contained in subpart A of this part.

[[Page 184]]

           Employee Employed in a Bona Fide Executive Capacity