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    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 DomerRochelle Klaskin

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Job Duties Test

This chart outlines the job duties test for each category of white collar exemption under the new DOL FLSA regulations:


  • 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.


  • 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.


  • 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.