29 CFR 541.3 - Scope of the section 13(a)(1) exemptions

Cite as29 CFR 541.3
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
242 practice notes
  • Part II
    • United States
    • Federal Register April 23, 2004
    • April 23, 2004
    ...if paid on an hourly basis at a rate at least 6\1/2\ times the minimum wage. Final implementing regulations were issued in 1992. See 29 CFR 541.3(a)(4), 541.303; 57 FR 46744 (Oct. 9, 1992); 57 FR 47163 (Oct. 14, 1992). However, when Congress increased the minimum wage in 1996, Congress enac......
  • Fair Labor Standards Act: Minimum wage and overtime pay for executive, administrative, professional, outside sales, and computer employees; defining and delimiting exemptions,
    • United States
    • Federal Register April 23, 2004
    • April 23, 2004
    ...if paid on an hourly basis at a rate at least 6\1/2\ times the minimum wage. Final implementing regulations were issued in 1992. See 29 CFR 541.3(a)(4), 541.303; 57 FR 46744 (Oct. 9, 1992); 57 FR 47163 (Oct. 14, 1992). However, when Congress increased the minimum wage in 1996, Congress enac......
  • Quirk v. Baltimore County, Md., Civ. No. B-90-2983.
    • United States
    • U.S. District Court — District of Maryland
    • August 18, 1995
    ..."long" and "short" tests to determine whether an employee fits within the applicable exemption. See 29 C.F.R. §§ 541.1, 541.3. The long test for both exemptions applies to lower-paid employees, while the short test applies to employees making at least $250 per week. Id. ......
  • Chimarev v. Td Waterhouse Investor Services, Inc., No. 01 Civ. 7120(VM).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 4, 2003
    ...229 F.3d 124, 127 (2d Cir.2000) (citing Auer, 519 U.S. at 455, 117 S.Ct. 905) (citations omitted); see also 29 C.F.R. §§ 541.1(f), 541.2(e), 541.3(e) (defining "salary basis" for executive, administrative, and professional employees). Under the regulations, a salaried employee is ......
  • Request a trial to view additional results
235 cases
  • Shea v. United States, No. 16-793C
    • United States
    • Court of Federal Claims
    • May 31, 2019
    ...'directs the work other employees' in performing surveillance," like Mr. Shea when Team Leader, is non-exempt. Id. at 17-18 (citing 29 C.F.R. § 541.3(b)(2)). Mr. Shea also briefly contests whether tactical surveillance decisions constitute a sufficient exercise of discretion because they "i......
  • Reich v. Gateway Press, Inc., No. 92-3746
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • January 6, 1994
    ...13(a)(1). In reaching its conclusion, the court looked to the definition of "professional" employees in the Secretary's regulations, 29 C.F.R. Sec. 541.3, and interpretations, 29 C.F.R. Sec. 541.303. The interpretations require that a reporters' writing be " 'predominantly original and crea......
  • Clark v. Shop24 Global, LLC, No. 2:12–cv–802.
    • United States
    • United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio
    • January 16, 2015
    ...[his] hands, physical skill and energy” based on “skills and knowledge” acquired “through apprenticeships and on-the-job training,” 29 C.F.R. § 541.3.On the other hand, the record includes support for the Defendants' position that the Plaintiff's primary duty was his work as the Defendants'......
  • Reich v. Gateway Press, Inc., Nos. 92–3746
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • January 6, 1994
    ...§ 13(a)(1). In reaching its conclusion, the court looked to the definition of “professional” employees in the Secretary's regulations, 29 C.F.R. § 541.3, and interpretations, 29 C.F.R. § 541.303. The interpretations require that a reporters' writing be “ ‘predominantly original and creative......
  • Request a trial to view additional results
4 firm's commentaries
1 books & journal articles
6 provisions

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT