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: ...
By Charlie Domer; Rochelle Klaskin

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Vol. 77, No. 8, August 2004
• Overtime Rules: Labor Department Issues Final Rules on Overtime Pay

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