29 C.F.R. § 541.2
Job titles insufficient
A job title alone is insufficient to establish the exempt status of an employee. The exempt or nonexempt status of any particular employee must be determined on the basis of whether the employee's salary and duties meet the requirements of the regulations in this part.
Notes of Decisions
Cited in 364
cases (31 in the last 5 years), 1945–2026 · leading case: Bell v. Farmers Ins. Exch., 7 Wage & Hour Cas.2d (BNA) 838 (Cal. Ct. App. 2001).
Bell v. Farmers Ins. Exch., 7 Wage & Hour Cas.2d (BNA) 838 (Cal. Ct. App. 2001). “( 29 C.F.R. § 541.2 (a)(1) (2000).) We are reluctant to draw any inference from the recent amendment that is any broader than the circumstances merit.”
Reich v. John Alden Life Ins., 126 F.3d 1 (1st Cir. 1997). “In finding these employees to be exempt, the court applied the regulatory “short test” for the administrative exemption, as set forth in 29 C.F.R. § 541.2 (e)(2). First, the court addressed whether a marketing representative’s primary duty consists of “[t]he performance of…”
Rex L. Bothell v. Phase Metrics, Inc., 299 F.3d 1120 (9th Cir. 2002). “” 29 C.F.R. § 541.2 . “The criteria provided by regulations are absolute and the employer must prove that any particular employee meets every requirement before the employee will be deprived of the protection of the Act.”
Havey v. Homebound Mortg., Inc., 547 F.3d 158 (2d Cir. 2008). “29 C.F.R. § 541.2 (2002). 4 The first, known as the “duties test,” considers an employee’s workplace responsibilities.”
Glynn Douglas, Plaintiff-Appellee v. Argo-Tech Corp., Defendant-Appellant/ Cross-Appellee, 113 F.3d 67 (6th Cir. 1997). “§ 213 (a)(1); 29 C.F.R. § 541.2 (1996). Under the FLSA’s implementing regulations, an employer may prove that an employee is an exempt “administrative employee” by satisfying a five part test, commonly known as the “long test.”
Jay Webster Janet Webster, Husband & Wife & the Marital Communitycomposed Thereof v. Pub. Sch. Employees of Washington, Inc., 247 F.3d 910 (9th Cir. 2001). “” 29 C.F.R. § 541.2 . The first two parts of the short test are commonly referred to as the “salary basis test”; the last two parts are known as the “duties test.”
John Hogan v. Allstate Ins. Co., 361 F.3d 621 (11th Cir. 2004). “29 C.F.R. § 541.2 . The short test applies when the employee is compensated on a salary basis of not less than $250 per week (or $200 per week, if employed by other than the Federal Government in Puerto Rico, the Virgin Islands, or American Samoa), exclusive of board, lodging,…”
Myers v. Hertz Corp., 624 F.3d 537 (2d Cir. 2010). “” 29 C.F.R. § 541.2 . To determine whether an employee’s “primary duty” is management, id.”
Reiseck v. Universal Commc'ns of Miami, Inc., 591 F.3d 101 (2d Cir. 2010). “Under rules promulgated by the Secretary of Labor pursuant to the FLSA, which further define “administrative employee,” 5 there were two separate tests for determining whether an employee is an administrative employee for the purposes of the FLSA: the so-called “long test” for…”
Jastremski v. Safeco Ins. Companies, 243 F. Supp. 2d 743 (N.D. Ohio 2003). “§ 213 (a)(1); 29 C.F.R. § 541.2 . The FLSA’s implementing regulations provide employers with two tests with which to prove that employees fall under the administrative exemption.”
Michael L. Schaefer v. Indiana Michigan Power Co., D/B/A Am. Elec. Power, 358 F.3d 394 (6th Cir. 2004). “” 29 C.F.R. §§ 541.2 , 541.214. 1. Salary Basis AEP must first establish that it pays Schaefer on a salary or fee basis.”
In Re Farmers Ins. Exch. Claims Representatives' Overtime Pay Litig., 336 F. Supp. 2d 1077 (D. Or. 2004). “See 29 C.F.R. § 541.2 (a)-(e) (“long test”) 13 ; 29 C.”
— 29 C.F.R. § 541.2(a) — 8 cases
Bell v. Farmers Ins. Exch., 7 Wage & Hour Cas.2d (BNA) 838 (Cal. Ct. App. 2001). “( 29 C.F.R. § 541.2 (a)(1) (2000).) We are reluctant to draw any inference from the recent amendment that is any broader than the circumstances merit.”
Jay Webster Janet Webster, Husband & Wife & the Marital Communitycomposed Thereof v. Pub. Sch. Employees of Washington, Inc., 247 F.3d 910 (9th Cir. 2001). “” 29 C.F.R. § 541.2 . The first two parts of the short test are commonly referred to as the “salary basis test”; the last two parts are known as the “duties test.”
Osler Inst., Inc. v. Inglert, 558 N.E.2d 901 (Ind. Ct. App. 1990).
McInteer v. Ashley Distrib. Servs., Ltd., 40 F. Supp. 3d 1269 (C.D. Cal. 2014).
Copas v. East Bay Mun. Util. Dist., 61 F. Supp. 2d 1017 (N.D. Cal. 1999).
— 29 C.F.R. § 541.2(a)(1) — 4 cases
Glynn Douglas, Plaintiff-Appellee v. Argo-Tech Corp., Defendant-Appellant/ Cross-Appellee, 113 F.3d 67 (6th Cir. 1997). “§ 213 (a)(1); 29 C.F.R. § 541.2 (1996). Under the FLSA’s implementing regulations, an employer may prove that an employee is an exempt “administrative employee” by satisfying a five part test, commonly known as the “long test.”
Renfro v. Indiana Michigan Power Co., 233 F. Supp. 2d 1174 (W.D. Mich. 2002).
Horne v. Singer Bus. MacHines, Inc., 413 F. Supp. 52 (W.D. Tenn. 1976).
Reich v. John Alden (1st Cir. 1997).
— 29 C.F.R. § 541.2(b) — 2 cases
Gallegos v. Equity Title Co. of Am., Inc., 484 F. Supp. 2d 589 (W.D. Tex. 2007).
Madely v. RadioShack Corp., 2007 WI App 244 (Wis. Ct. App. 2007).
— 29 C.F.R. § 541.2(e) — 1 case
Hilbert v. Dist. of Columbia, 784 F. Supp. 922 (D.D.C. 1992).
— 29 C.F.R. § 541.2(e)(2) — 5 cases
Bell v. Farmers Ins. Exch., 7 Wage & Hour Cas.2d (BNA) 838 (Cal. Ct. App. 2001). “( 29 C.F.R. § 541.2 (a)(1) (2000).) We are reluctant to draw any inference from the recent amendment that is any broader than the circumstances merit.”
Osler Inst., Inc. v. Inglert, 558 N.E.2d 901 (Ind. Ct. App. 1990).
Cote v. Burroughs Wellcome Co., 558 F. Supp. 883 (E.D. Pa. 1982).
Gilstrap v. Synalloy Corp., Indus. Piping Supply Co., 409 F. Supp. 621 (M.D. La. 1976).
Reich v. John Alden (1st Cir. 1997).
— 29 C.F.R. § 541.2(f) — 1 case
Hilbert v. Dist. of Columbia, 784 F. Supp. 922 (D.D.C. 1992).
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