C.F.R.
»
Title 29
» CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER A—REGULATIONS › PART 541—DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, COMPUTER AND OUTSIDE SALES EMPLOYEES › Subpart C—Administrative Employees
(a) The term “employee employed in a bona fide administrative capacity” in section 13(a)(1) of the Act shall mean any employee:
(1) Compensated on a salary or fee basis pursuant to § 541.600 at a rate of not less than $684 per week (or $455 per week if employed in the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the U.S. Virgin Islands by employers other than the Federal government, or $380 per week if employed in American Samoa by employers other than the Federal government), exclusive of board, lodging or other facilities;
(2) Whose primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer's customers; and
(3) Whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.
(b) The term “salary basis” is defined at § 541.602; “fee basis” is defined at § 541.605; “board, lodging or other facilities” is defined at § 541.606; and “primary duty” is defined at § 541.700.
[69 FR 22260, Apr. 23, 2004, as amended at 81 FR 32549, May 23, 2016; 84 FR 51306, Sept. 27, 2019; 89 FR 32971, Apr. 26, 2024; 91 FR 27835, May 15, 2026]
Notes of Decisions
Gregory Lutz v. Huntington Bancshares, Inc., 815 F.3d 988 (6th Cir. 2016).
· cites it 13× “§ 213 (a)(1) and 29 C.F.R. § 541.200 (a), and therefore exempt from the overtime-pay provisions because their job duties related to the general business operations of the Bank, and they exercised discretion and independent judgment when performing those duties.”
Darveau v. Detecon, Inc., 515 F.3d 334 (4th Cir. 2008).
· cites it 5× “29 C.F.R. § 541.200 (2006). Although the Secretary amended these regulations effective August 23, 2004 — in the middle of Darveau’s tenure at Detecon — the amendments do not significantly change the criteria for the administrative exemption in Darveau’s case.”
In Re RBC Dain Rauscher Overtime Litig., 703 F. Supp. 2d 910 (D. Minnesota 2010).
· cites it 17× “29 C.F.R. § 541.200 (a). The Court therefore must examine, for all of the employees alleged to fall within the administrative exemption, their compensation, whether their primary duties are directly related to the management or general business operations of RBC or RBC’s…”
Susie Bigger v. Facebook, Inc., 947 F.3d 1043 (7th Cir. 2020).
· cites it 2× “29 C.F.R. § 541.200 (a). Applying this regulation requires “a thorough, fact-intensive analysis of the employee’s employ- ment duties and responsibilities.”
Schaefer-LaRose v. Eli Lilly & Co., 679 F.3d 560 (7th Cir. 2012).
· cites it 3× “29 C.F.R. § 541.200 (a). In applying this regulation, 20 our evaluation of the present FLSA claim, as in all such claims, requires a thorough, fact-intensive analysis of the employee’s employment duties and responsibilities.”
Roe-Midgett v. CC Servs., Inc., 512 F.3d 865 (7th Cir. 2008).
· cites it 3× “23, 2004) (codified at 29 C.F.R. § 541.200 ). The regulations replaced the short test and the longer test at section 541.”
Renfro v. Indiana Michigan Power Co., 497 F.3d 573 (6th Cir. 2007).
· cites it 4× “" 29 C.F.R. § 541.200 (a). [2] The current regulations, which went into effect on August 23, 2004, require employers to pay exempt employees at least $455 per week.”
Bigger v. Facebook, Inc., 375 F. Supp. 3d 1007 (E.D. Ill. 2019).
· cites it 4× “29 C.F.R. § 541.200 ; Silver v. Townstone Fin.”
— 29 C.F.R. § 541.200(2) — 1 case
— 29 C.F.R. § 541.200(a) — 9 cases
— 29 C.F.R. § 541.200(a)(1) — 2 cases
— 29 C.F.R. § 541.200(a)(2) — 6 cases
— 29 C.F.R. § 541.200(a)(3) — 1 case
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