(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.
Notes of Decisions
Edward W. Dalheim v. Kdfw-Tv, 918 F.2d 1220 (5th Cir. 1990).
“” She has done so at 29 C.F.R. § 541.0 et seq., setting out “long” tests for employees earning more than $155 per week but less than $250 per week, which include specific criteria, and “short” tests, described in less detail, for employees earning more than $250 per week.”
Lott v. Howard Wilson Chrysler-Plymouth, Inc., 203 F.3d 326 (5th Cir. 2000).
“Under 29 C.F.R. § 541.0 , et seq., the Secretary of Labor has defined the terms executive, administrative, and professional, by setting out “long” tests for employees earning more than $155 per week but less than $250 per week, and “short” tests for employees earning more than…”
Rieve v. Coventry Health Care, Inc., 870 F. Supp. 2d 856 (C.D. Cal. 2012).
“See 29 C.F.R. § 541.0 et seq. The FLSA “is to be liberally construed to apply to the furthest reaches consistent with Congressional direction” such that “FLSA exemptions are to be narrowly construed against .”
Goodrow v. Lane Bryant, Inc., 732 N.E.2d 289 (Mass. 2000).
“” See 29 C.F.R. §§ 541.0 et seq. (1999). To determine whether an employee is an “executive,” 29 C.”
Thomas v. Cnty. of Fairfax, Va., 758 F. Supp. 353 (E.D. Va. 1991).
“§ 213 ; 29 C.F.R. §§ 541.0 to 541.119 (1990). This matter came initially before the Court on the parties’ cross-motions for summary judgment.”
Mitchell v. Abercrombie & Fitch, Co., 428 F. Supp. 2d 725 (S.D. Ohio 2006).
“§ 213 (a)(1); 29 C.F.R. § 541.0 . 18 To be eligible for the executive exemption: (1) The employee must be compensated on a salary basis at a rate of not less than $250 per week .”
Chaluisan v. Simsmetal East LLC, 698 F. Supp. 2d 397 (S.D.N.Y. 2010).
“” 29 C. F.R. § 541.0(a). 2 . The Complaint alleges that Defendants "refused to pay [Plaintiff] for his vested vacation time he had earned.”
Hein v. PNC Fin. Servs. Grp., Inc., 511 F. Supp. 2d 563 (E.D. Pa. 2007).
“See 29 C.F.R. § 541.0 et seq. Applying these regulations to the facts I have just described makes plain that Mr.”
King v. Stevenson Beer Distrib. Co., 11 F. Supp. 3d 772 (S.D. Tex. 2014).
· cites it 2× “These exemptions are defined by the Secretary of Labor at 29 C.F.R. § 541.0 et seq. The exemptions are narrowly construed against the employer, and the employer bears the burden of demonstrating that an employee is exempt.”
Reyes v. Texas Ezpawn, L.P., 459 F. Supp. 2d 546 (S.D. Tex. 2006).
“Specifically, under 29 C.F.R. § 541.0 (2003), et seq., the Secretary of Labor defined the terms executive, administrative, and professional, by setting out “long” *553 tests for employees earning more than $155 per week but less than $250 per week, and “short” tests for…”
Quazi v. Barnstable Cnty., 877 N.E.2d 273 (Mass. App. Ct. 2007).
“at 171-173 , and 29 C.F.R. §§ 541.0 et seq. (2003), the interpretative regulations promulgated under the Federal Fair Labor Standards Act of 1938.”
— 29 C.F.R. § 541.0(a) — 1 case
Chaluisan v. Simsmetal East LLC, 698 F. Supp. 2d 397 (S.D.N.Y. 2010).
“” 29 C. F.R. § 541.0(a). 2 . The Complaint alleges that Defendants "refused to pay [Plaintiff] for his vested vacation time he had earned.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.