August 01, 2004
Practice Tips: Job duties test
This chart outlines the job duties test for each category of white collar exemption under the new DOL FLSA regulations: ...
Charlie Domer; Rochelle Klaskin
Job Duties Test
This chart outlines the job duties test for each category of white
collar exemption under the new DOL FLSA regulations:
Executive
- Primary duty of management of the enterprise or a recognized
department or subdivision;
- Customarily and regularly directs the work of two or more other
employees; and
- Has authority to hire or fire other employees or whose
recommendations regarding tangible employment actions are given
particular weight.
Administrative
- Primary duty of performing office nonmanual work directly related to
the management or general business operation of the employer or the
employer's customers; and
- Primary duty includes the exercise of discretion and independent
judgment with respect to significant matters.
Professional
- Learned Professional: Primary duty of performing work
requiring knowledge of an advanced type in a field of science or
learning customarily acquired by a prolonged course of specialized
intellectual instruction;
- Creative Professional: Primary duty of performing work
requiring invention, imagination, originality, or talent in a recognized
field of artistic or creative endeavor;
- Computer Expert: Employed as computer systems analyst,
programmer, software engineer, or other similarly skilled worker in the
computer field; and has primary duty of one of the following: 1)
application of systems analysis techniques and procedures, including
consulting with users, to determine hardware, software, or system
functional specifications; 2) design, development, documentation,
analysis, creation, testing, or modification of computer systems or
programs, including prototypes, based on and related to user or system
design specifications; 3) design, documentation, testing, creation, or
modification of computer programs related to machine operating systems;
4) a combination of these duties, the performance of which requires the
same level of skills.
Outside Sales Person
- Primary duty of making sales or obtaining orders or contracts for
services ; and
- Customarily and regularly engaged away from the employer's place of
business.
- No salary basis required.
Wisconsin Lawyer
