Department of Labor

Executive, Administrative, Professional and Outside Sales Exemptions under the FLSA

This regulation deals with any employee who works in administrative positions in schools, or the performance of office or non-manual work directly related to management policies or general business operations of his employer or his employer's customers. Management staff in Head Start can benefit from reviewing this regulation to ensure compliance with Department of Labor laws.

Title 29--Labor


CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 541--DEFINING AND DELIMITING THE TERMS "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 OUTSIDE SALESMAN"


Text PDF 541.0 Terms used in regulations.

Text PDF 541.1 Executive.

Text PDF 541.2 Administrative.

Text PDF 541.3 Professional.

Text PDF 541.5 Outside salesman.

Text PDF 541.5a Special provision for motion picture producing industry.

Text PDF 541.5b Equal pay provisions of section 6(d) of the act apply to executive, administrative, and professional employees, and to outside salesmen.

Text PDF 541.5d Special provisions applicable to employees of public agencies.

Text PDF 541.6 Petition for amendment of regulations.

Text PDF 541.52 Special provision for motion picture producing industry.

Text PDF 541.99 Introductory statement.

Text PDF 541.101 General.

Text PDF 541.102 Management.

Text PDF 541.103 Primary duty.

Text PDF 541.104 Department or subdivision.

Text PDF 541.105 Two or more other employees.

Text PDF 541.106 Authority to hire or fire.

Text PDF 541.107 Discretionary powers.

Text PDF 541.108 Work directly and closely related.

Text PDF 541.109 Emergencies.

Text PDF 541.110 Occasional tasks.

Text PDF 541.111 Nonexempt work generally.

Text PDF 541.112 Percentage limitations on nonexempt work.

Text PDF 541.113 Sole-charge exception.

Text PDF 541.114 Exception for owners of 20-percent interest.

Text PDF 541.115 Working foremen.

Text PDF 541.116 Trainees, executive.

Text PDF 541.117 Amount of salary required.

Text PDF 541.118 Salary basis.

Text PDF 541.119 Special proviso for high salaried executives.

Text PDF 541.201 Types of administrative employees.

Text PDF 541.202 Categories of work.

Text PDF 541.203 Nonmanual work.

Text PDF 541.205 Directly related to management policies or general business operations.

Text PDF 541.206 Primary duty.

Text PDF 541.207 Discretion and independent judgment.

Text PDF 541.208 Directly and closely related.

Text PDF 541.209 Percentage limitations on nonexempt work.

Text PDF 541.210 Trainees, administrative.

Text PDF 541.211 Amount of salary or fees required.

Text PDF 541.212 Salary basis.

Text PDF 541.213 Fee basis.

Text PDF 541.214 Special proviso for high salaried administrative employees.

Text PDF 541.215 Elementary or secondary schools and other educational establishments and institutions.

Text PDF 541.300 General.

Text PDF 541.301 Learned professions.

Text PDF 541.302 Artistic professions.

Text PDF 541.303 Computer related occupations under Public Law 101-583.

Text PDF 541.304 Primary duty.

Text PDF 541.305 Discretion and judgment.

Text PDF 541.306 Predominantly intellectual and varied.

Text PDF 541.307 Essential part of and necessarily incident to.

Text PDF 541.308 Nonexempt work generally.

Text PDF 541.309 20-percent nonexempt work limitation.

Text PDF 541.310 Trainees, professional.

Text PDF 541.311 Amount of salary or fees required.

Text PDF 541.312 Salary basis.

Text PDF 541.313 Fee basis.

Text PDF 541.314 Exception for physicians, lawyers, and teachers.

Text PDF 541.315 Special proviso for high salaried professional employees.

Text PDF 541.500 Definition of "outside salesman."

Text PDF 541.501 Making sales or obtaining orders.

Text PDF 541.502 Away from his employer's place of business.

Text PDF 541.503 Incidental to and in conjunction with sales work.

Text PDF 541.504 Promotion work.

Text PDF 541.505 Driver salesmen.

Text PDF 541.506 Nonexempt work generally.

Text PDF 541.507 20-percent limitation on nonexempt work.

Text PDF 541.508 Trainees, outside salesmen.

Text PDF 541.600 Combination exemptions.

Text PDF 541.601 Special provision for motion picture producing industry.

Text PDF 541.602 Special proviso concerning executive and administrative employees in multi-store retailing operations.

Department of Labor: Executive, Administrative, Professional and Outside Sales Exemptions under the FLSA. DOL/ESA/WHD. Volume 3. 2000. English.

Last Reviewed: November 2008

Last Updated: August 5, 2015