[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
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 EXEMPTIONS FOR EXECUTIVE, 
 
                      Subpart A_General Regulations
 
Sec. 541.0  Introductory statement.

ADMINISTRATIVE, PROFESSIONAL, COMPUTER AND OUTSIDE SALES 
EMPLOYEES--Table of Contents




                      Subpart A_General Regulations

Sec.
541.0 Introductory statement.
541.1 Terms used in regulations.
541.2 Job titles insufficient.
541.3 Scope of the section 13(a)(1) exemptions.
541.4 Other laws and collective bargaining agreements.

                      Subpart B_Executive Employees

541.100 General rule for executive employees.
541.101 Business owner.
541.102 Management.
541.103 Department or subdivision.
541.104 Two or more other employees.
541.105 Particular weight.
541.106 Concurrent duties.

                   Subpart C_Administrative Employees

541.200 General rule for administrative employees.
541.201 Directly related to management or general business operations.
541.202 Discretion and independent judgment.
541.203 Administrative exemption examples.
541.204 Educational establishments.

                    Subpart D_Professional Employees

541.300 General rule for professional employees.
541.301 Learned professionals.

[[Page 178]]

541.302 Creative professionals.
541.303 Teachers.
541.304 Practice of law or medicine.

                      Subpart E_Computer Employees

541.400 General rule for computer employees.
541.401 Computer manufacture and repair.
541.402 Executive and administrative computer employees.

                    Subpart F_Outside Sales Employees

541.500 General rule for outside sales employees.
541.501 Making sales or obtaining orders.
541.502 Away from employer's place of business.
541.503 Promotion work.
541.504 Drivers who sell.

                      Subpart G_Salary Requirements

541.600 Amount of salary required.
541.601 Highly compensated employees.
541.602 Salary basis.
541.603 Effect of improper deductions from salary.
541.604 Minimum guarantee plus extras.
541.605 Fee basis.
541.606 Board, lodging or other facilities.

           Subpart H_Definitions And Miscellaneous Provisions

541.700 Primary duty.
541.701 Customarily and regularly.
541.702 Exempt and nonexempt work.
541.703 Directly and closely related.
541.704 Use of manuals.
541.705 Trainees.
541.706 Emergencies.
541.707 Occasional tasks.
541.708 Combination exemptions.
541.709 Motion picture producing industry.
541.710 Employees of public agencies.

    Authority: 29 U.S.C. 213; Public Law 101-583, 104 Stat. 2871; 
Reorganization Plan No. 6 of 1950 (3 CFR 1945-53 Comp. p. 1004); 
Secretary's Order No. 4-2001 (66 FR 29656).

    Source: 69 FR 22260, Apr. 23, 2004, unless otherwise noted.



    (a) Section 13(a)(1) of the Fair Labor Standards Act, as amended, 
provides an exemption from the Act's minimum wage and overtime 
requirements for 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 an outside 
sales employee, 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. Section 13(a)(17) of the Act provides an 
exemption from the minimum wage and overtime requirements for computer 
systems analysts, computer programmers, software engineers, and other 
similarly skilled computer employees.
    (b) The requirements for these exemptions are contained in this part 
as follows: executive employees, subpart B; administrative employees, 
subpart C; professional employees, subpart D; computer employees, 
subpart E; outside sales employees, subpart F. Subpart G contains 
regulations regarding salary requirements applicable to most of the 
exemptions, including salary levels and the salary basis test. Subpart G 
also contains a provision for exempting certain highly compensated 
employees. Subpart H contains definitions and other miscellaneous 
provisions applicable to all or several of the exemptions.
    (c) Effective July 1, 1972, the Fair Labor Standards Act was amended 
to include within the protection of the equal pay provisions those 
employees exempt from the minimum wage and overtime pay provisions as 
bona fide executive, administrative, and professional employees 
(including any employee employed in the capacity of academic 
administrative personnel or teacher in elementary or secondary schools), 
or in the capacity of an outside sales employee under section 13(a)(1) 
of the Act. The equal pay provisions in section 6(d) of the Fair Labor 
Standards Act are administered and enforced by the United States Equal 
Employment Opportunity Commission.