Executive Exemption Current Long Test Current Short Test Proposed Standard Test Salary $155/week $250/week $425/week Duties Employee s primary duty is

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1 Executive Exemption Salary $155/week $250/week $425/week Duties duty is managing his/her enterprise or a regular department thereof; Employee regularly directs two or more other employees; Employee manages the enterprise which employs him/her, or manages a customarily recognized department or subdivision thereof as his/her primary duty; and duty is the management of the enterprise that employs him/her or of a customarily recognized department or subdivision thereof; Employee can hire or fire or effectively recommend hiring, firing, advancement, promotion or any other change of status. Employee customarily uses ; and of time (40% in retail/ service establishments) on activities unrelated to exempt duties Employee regularly supervises two or more full time employees Employee customarily and regularly directs the work or two or more other employees; and Employee has the authority to hire and fire, or employee s recommendations as to hiring, firing, advancement, promotion or any other change of status of other employees will be given particular weight Administrative Exemption Salary $155/week $250/week $425/week Duties Employee performs office or nonmanual work directly related to the management policies or general operations of employer or customers; duty is office or non-manual work directly related to the management policies or general business operations of the company; and Employee customarily independent judgment; Employee (a) regularly and directly assists a proprietor or executive, professional or administrative employee or (b) performs under only general supervision, working along specialized or technical lines requiring special training, experience or knowledge or (c) executes special assignments and tasks under only general supervision; and Employee spends at least 80% of time (60% for retail/service establishments) to exempt tasks Employee s work customarily and regularly requires the exercise of and independent judgment duty is the performance of office or nonmanual work related to the management or general business operations of the employer or its customers; and Employee holds a position of responsibility with the employer, defined as either (i) performing work of substantial importance or (ii) performing work requiring a high level of skill or training DC\ Appendix A- 1

2 Professional Exemption Salary $170/week $250/week $425/week* [*The salary test does not apply Duties duty is: (a) performing work which requires advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study (as distinguished from general academic education, from an apprenticeship, or from training of routine mental or physical processes); or (b) performing work which is original and creative in character in a recognized field of artistic endeavor, the result of which depends primarily on the invention, imagination, or talent of the employee; or (c) teaching, tutoring, instructing, or lecturing in the activity of imparting knowledge (and is employed in a school system or educational establishment); or (d) performing work requiring theoretical and practical application of highly specialized knowledge in computer systems analysis, programming and software engineering (see section III in this outline on computer specialists); Employee and independent judgment; and varied in character (as opposed to routine, mental, manual, mechanical, or physical work), and is of such character that the output produced or the results accomplished cannot be standardized in relation to a given period of time; and Employee does not devote more than 20% of time worked to routine or non-exempt tasks Employee requires, in his/her learning customarily acquired by a prolonged course of specialized intellectual instruction and study; and to some Professionals] The Proposed Standard Test also sets out four separate categories of Professionals: Learned Professionals Creative Professionals Teachers Practice of Law/Medicine Each has different eligibility criteria, which are listed separately below. The Practice of Law/Medicine is combined with Learned Professions under the current regs, but they are set out separately in the Proposed Regulations. The Computer Employees provisions are set out separately from other Professional Employees under the Proposed Regulations. DC\ Appendix A- 2

3 Learned Professional Exemption Salary $170/week $250/week $425/week Duties duty is: (a) performing work requiring advanced knowledge customarily acquired by a prolonged course of specialized instruction and study (not general education from academic/apprenticeship education or training); and Employee requires, in his/her duty consists of performing office or non-manual work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction, but which also may be acquired by alternative means such as an equivalent combination of intellectual instruction and work experience varied in character (not routine, mental, manual, mechanical, or physical work; and Examples provided: Registered/Certified Medical Technologists; RNs; Physicians Assistants; Accountants (CPA and non-cpa) and Chefs time on routine/non-exempt tasks Creative Professional Exemption Salary $170/week $250/week $425/week Duties Employee s primarily performs work original and creative in a recognized field of artistic endeavor with results that depend primarily on his/her invention, imagination, or talent; and Employee requires, in his/her Employee primarily performs intellectual, varied work (not routine, mental, manual, mechanical, or physical work) with output/ results not standard in time; and of time on routine/ non-exempt tasks Employee has a primary duty of performing office of nonmanual work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor as opposed to routine mental, manual, mechanical, or physical work Examples provided: Actors, musicians, composers, conductors, soloists, painters, cartoonists, essayists, novelists, short-story and screenplay writers, journalists (including newspaper, news magazine, television news and Internet writers; radio and television announcers) DC\ Appendix A- 3

4 Teachers Professional Exemption Salary $170/week $250/week Salary Test Does Not Apply Duties duty is teaching, tutoring, instructing, or lecturing in the activity of imparting knowledge (and is employed in a school system or educational establishment); and Employee requires, in his duty is teaching, tutoring, instructing, or lecturing in the activity of imparting knowledge and is employed in this activity as a teacher in an educational establishment varied in character (as opposed to routine, mental, manual, mechanical or physical work), and is of such character that the output produced or the results accomplished cannot be standardized in relation to a given period of time; and Employee does not devote more than 20% of time worked to routine or non-exempt tasks NEW: Practice of Law or Medicine Professional Exemption Salary $170/week $250/week Salary Test Does Not Apply Duties duty is: performing work requiring advanced knowledge acquired by lengthy specialized instruction (not general education from academics or apprenticeship); and Employee requires, in his Employee holds a valid license/certificate to practice, and practices, law or medicine; varied in character (not routine, mental, manual, mechanical, or physical work; and time on routine/non-exempt tasks Employee holds the requisite academic degree [not necessarily the license] for the general practice of medicine and is engaged in an internship or residency program; Includes physicians [including medical doctors, general practitioners, specialists, osteopathic physicians, podiatrists, dentists and optometrists] and other licensed professionals in the field of medical science and healing ; does not include Learned Professions DC\ Appendix A- 4

5 Computer Employees Exemption Salary Current Long Test Current Short Test Section 13(a)(17) Test Proposed Standard Test Duties $170/week $250/week $27.63/hour $425/week or not less than $27.63 per hour duty is performing work requiring theoretical and practical application of highly specialized knowledge in computer systems analysis, programming, and software engineering; and duty is performing work requiring theoretical and practical application of highly specialized knowledge in computer systems analysis, programming, and software engineering; and Employee is employed as a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker in the computer software field; and independent judgment; and Employee performs work that is predominantly intellectual and varied in character (as opposed to routine, mental, manual, mechanical, or physical work), and is of such character that the output produced or the results accomplished cannot be standardized in relation to a given period of time; and Employee spends less than 20% of time worked on routine or non-exempt tasks independent judgment and ; and Employee is employed as a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker in the computer software field duty is (i) application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional applications; or (ii) 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; or (iii) design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or (iv) combination of duties described in (i), (ii) and (iii), the performance of which requires the same level of skills; and Employee is employed as a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker in the computer field duty is (i) application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional applications; or (ii) 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; or (iii) design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or (iv) combination of duties described in (i), (ii) and (iii), the performance of which requires the same level of skills. Examples provided: Computer Systems Analyst, Computer Programmer, Software Engineer DC\ Appendix A- 5

6 Outside Sales Exemption Salary No requirement No separate test Salary Test Does Not Apply Duties Employee is engaged to be and is customarily and regularly away from the employer s place of business in making sales, obtaining orders or contracts for services or for the use of facilities for which clients or customers will pay; and Primary duty of making sales; or of obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer. Employee does not devote more than 20 percent of the hours worked by nonexempt employees of the employer to activities that are not incidental to and in conjunction with the employee s own outside sales or solicitations. Customarily and regularly engaged away from the employer s place or places of business New Exemption for Highly Compensated Employees New Proposed Standard Test Salary Annual - $65,000 [includes salary, commissions, non-ary bonus, etc.] May be pro rated for partial year of employment Employer may select any 12- month period for the year If employee does not earn $65,000 in the designated year, then Employer can make-up the balance in first pay period in next year Duties Employee performs office or non-manual work; and Employee has guaranteed total annual compensation of at least $65,000; and Employee performs at least one of the otherwise- exempt duties or responsibilities of an executive, administrative or professional employee DC\ Appendix A- 6

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