['Compensation']
['Exemptions from Overtime/Minimum Wage']
08/15/2024
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(a) The term “employee employed in a bona fide professional capacity” in section 13(a)(1) of the Act shall mean any employee:
[Editor’s Note: Paragraph (a)(1) is revised effective July 1, 2024][New Text]
(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; and
(2) Whose primary duty is the performance of work:
(i) Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction; or
(ii) Requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.
(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.
[38 FR 11390, May 7, 1973. Redesignated at 57 FR 46744, Oct. 9, 1992; 69 FR 22122 April 23, 2004; 81 FR 32549, May 23, 2016; 89 FR 32971, April 26, 2024]
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