Employer Wage & Hour Basics (FLSA)

03

Executive, administrative, and professional employees: what the duties actually require

Chapter 2 covered the salary tests that apply across the board. This chapter works through the primary-duty test for each white-collar exemption — executive, administrative, learned and creative professional, and the handful of professions that skip the salary test entirely.

In this chapter

  • A manager needs real authority over people, not just a supervisory-sounding title or a department on an org chart, to qualify as an exempt executive.
  • The administrative exemption turns on discretion and independent judgment about matters that affect the business, not on doing office or desk work.
  • Teachers, doctors, and lawyers can be exempt professionals without meeting any salary test at all — one of the exceptions to the salary rules from Chapter 2, alongside the bona fide business owner and outside sales employees.