{ "name": "FLSA overtime exemption duties tests by category (29 CFR Part 541)", "description": "Whether a salaried employee is exempt from federal overtime pay turns on two independent tests under 29 CFR Part 541 \u2014 a salary-level test and a duties test \u2014 and the duties test is a different, itemized checklist for each exemption category. Compliance blogs widely publish the salary number ($684/week, $107,432/year HCE) but not the itemized duties criteria for each category quoted directly from the regulation in one place. Each record is one exemption category \u2014 executive, administrative, learned professional, creative professional, teaching professional, practice of law or medicine, computer employee, outside sales, highly compensated employee \u2014 carrying its own general-rule duties test quoted from its section of 29 CFR 541, plus the salary or compensation basis that applies to it (including the lower territorial rates, the computer-employee hourly alternative, and the three categories that have no salary test at all). Answers 'does a salaried manager automatically qualify for the executive exemption', 'what is the duties test for the administrative exemption', 'can a computer employee be paid hourly and still be exempt', 'does a teacher or a doctor have to meet the salary threshold', 'what salary level applies in Puerto Rico or American Samoa'.", "url": "https://referencesource.org/flsa-overtime-exemption-duties-tests/", "licence": "US federal regulation \u2014 17 USC 105, no copyright", "last_verified": "2026-09-16", "stale_after": "2027-02-15", "sources": [ "https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541" ], "records": [ { "exemption_category": "Administrative", "cfr_section": "\u00a7 541.200", "duties_test": "(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.", "salary_requirement": "$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", "salary_basis_required": "Compensated on a salary or fee basis", "cfr_part": "29 CFR Part 541", "id": "administrative", "url": "https://referencesource.org/flsa-overtime-exemption-duties-tests/administrative/", "source": "https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541", "source_quote": "\u00a7 541.200 General rule for administrative employees. (a) The term \u201cemployee employed in a bona fide administrative capacity\u201d in section 13(a)(1) of the Act shall mean any employee: (1) Compensated on a salary or fee basis pursuant to \u00a7 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.", "verified_fields": [ "cfr_section", "duties_test", "exemption_category", "salary_basis_required", "salary_requirement" ], "derived_fields": [ "cfr_part" ] }, { "exemption_category": "Computer employee", "cfr_section": "\u00a7 541.400", "duties_test": "the exemptions apply only to computer employees whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills.", "salary_requirement": "compensated on a salary or fee basis 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. The section 13(a)(17) exemption applies to any computer employee compensated on an hourly basis at a rate of not less than $27.63 an hour.", "salary_basis_required": "The section 13(a)(17) exemption applies to any computer employee compensated on an hourly basis at a rate of not less than $27.63 an hour.", "cfr_part": "29 CFR Part 541", "id": "computer-employee", "url": "https://referencesource.org/flsa-overtime-exemption-duties-tests/computer-employee/", "source": "https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541", "source_quote": "\u00a7 541.400 General rule for computer employees. (a) Computer systems analysts, computer programmers, software engineers or other similarly skilled workers in the computer field are eligible for exemption as professionals under section 13(a)(1) of the Act and under section 13(a)(17) of the Act. Because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the applicability of this exemption. (b) The section 13(a)(1) exemption applies to any computer employee who is compensated on a salary or fee basis 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. The section 13(a)(17) exemption applies to any computer employee compensated on an hourly basis at a rate of not less than $27.63 an hour. In addition, under either section 13(a)(1) or section 13(a)(17) of the Act, the exemptions apply only to computer employees whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills.", "verified_fields": [ "cfr_section", "duties_test", "exemption_category", "salary_basis_required", "salary_requirement" ], "derived_fields": [ "cfr_part" ] }, { "exemption_category": "Creative professional", "cfr_section": "\u00a7 541.302", "duties_test": "To qualify for the creative professional exemption, an employee's primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor as opposed to routine mental, manual, mechanical or physical work. The exemption does not apply to work which can be produced by a person with general manual or intellectual ability and training.", "cfr_part": "29 CFR Part 541", "id": "creative-professional", "url": "https://referencesource.org/flsa-overtime-exemption-duties-tests/creative-professional/", "source": "https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541", "source_quote": "\u00a7 541.302 Creative professionals. (a) To qualify for the creative professional exemption, an employee's primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor as opposed to routine mental, manual, mechanical or physical work. The exemption does not apply to work which can be produced by a person with general manual or intellectual ability and training. (b) To qualify for exemption as a creative professional, the work performed must be \u201cin a recognized field of artistic or creative endeavor.\u201d This includes such fields as music, writing, acting and the graphic arts.", "verified_fields": [ "cfr_section", "duties_test", "exemption_category" ], "derived_fields": [ "cfr_part" ] }, { "exemption_category": "Executive", "cfr_section": "\u00a7 541.100", "duties_test": "(2) Whose primary duty is management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof; (3) Who customarily and regularly directs the work of two or more other employees; and (4) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight.", "salary_requirement": "$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", "salary_basis_required": "Compensated on a salary basis", "cfr_part": "29 CFR Part 541", "id": "executive", "url": "https://referencesource.org/flsa-overtime-exemption-duties-tests/executive/", "source": "https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541", "source_quote": "\u00a7 541.100 General rule for executive employees. (a) The term \u201cemployee employed in a bona fide executive capacity\u201d in section 13(a)(1) of the Act shall mean any employee: (1) Compensated on a salary basis pursuant to \u00a7 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 management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof; (3) Who customarily and regularly directs the work of two or more other employees; and (4) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight.", "verified_fields": [ "cfr_section", "duties_test", "exemption_category", "salary_basis_required", "salary_requirement" ], "derived_fields": [ "cfr_part" ] }, { "exemption_category": "Highly compensated employee", "cfr_section": "\u00a7 541.601", "duties_test": "an employee with total annual compensation of at least $107,432 is deemed exempt under section 13(a)(1) of the Act if the employee customarily and regularly performs any one or more of the exempt duties or responsibilities of an executive, administrative or professional employee", "salary_requirement": "an employee with total annual compensation of at least $107,432 is deemed exempt under section 13(a)(1) of the Act", "salary_basis_required": "\u201cTotal annual compensation\u201d must include at least $684 per week paid on a salary or fee basis", "cfr_part": "29 CFR Part 541", "id": "highly-compensated-employee", "url": "https://referencesource.org/flsa-overtime-exemption-duties-tests/highly-compensated-employee/", "source": "https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541", "source_quote": "\u00a7 541.601 Highly compensated employees. (a) (1) Beginning on January 1, 2020, an employee with total annual compensation of at least $107,432 is deemed exempt under section 13(a)(1) of the Act if the employee customarily and regularly performs any one or more of the exempt duties or responsibilities of an executive, administrative or professional employee as identified in subparts B , C or D of this part . (2) Where the annual period covers periods both prior to and after January 1, 2020, the amount of total annual compensation due will be determined on a proportional basis. (b) (1) \u201cTotal annual compensation\u201d must include at least $684 per week paid on a salary or fee basis as set forth in \u00a7\u00a7 541.602 and 541.605 , except that \u00a7 541.602(a)(3) shall not apply to highly compensated employees. Total annual compensation may also include commissions, nondiscretionary bonuses and other nondiscretionary compensation earned during a 52-week period. Total annual compensation does not include board, lodging and other facilities as defined in \u00a7 541.606 , and does not include payments for medical insurance, payments for life insurance, contributions to retirement plans and the cost of other fringe benefits.", "verified_fields": [ "cfr_section", "duties_test", "exemption_category", "salary_basis_required", "salary_requirement" ], "derived_fields": [ "cfr_part" ] }, { "exemption_category": "Learned professional", "cfr_section": "\u00a7 541.301", "duties_test": "To qualify for the learned professional exemption, an employee's primary duty must be the performance of work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction. This primary duty test includes three elements: (1) The employee must perform work requiring advanced knowledge; (2) The advanced knowledge must be in a field of science or learning; and (3) The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.", "salary_requirement": "$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", "salary_basis_required": "Compensated on a salary or fee basis", "cfr_part": "29 CFR Part 541", "id": "learned-professional", "url": "https://referencesource.org/flsa-overtime-exemption-duties-tests/learned-professional/", "source": "https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541", "source_quote": "\u00a7 541.300 General rule for professional employees. (a) The term \u201cemployee employed in a bona fide professional capacity\u201d in section 13(a)(1) of the Act shall mean any employee: (1) Compensated on a salary or fee basis pursuant to \u00a7 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 \u201csalary basis\u201d is defined at \u00a7 541.602 ; \u201cfee basis\u201d is defined at \u00a7 541.605 ; \u201cboard, lodging or other facilities\u201d is defined at \u00a7 541.606 ; and \u201cprimary duty\u201d is defined at \u00a7 541.700 . [ 69 FR 22260 , Apr. 23, 2004, as amended at 81 FR 32549 , May 23, 2016; 84 FR 51306 , Sept. 27, 2019; 89 32971, Apr. 26, 2024; 91 FR 27835 , May 15, 2026] \u00a7 541.301 Learned professionals. (a) To qualify for the learned professional exemption, an employee's primary duty must be the performance of work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction. This primary duty test includes three elements: (1) The employee must perform work requiring advanced knowledge; (2) The advanced knowledge must be in a field of science or learning; and (3) The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.", "verified_fields": [ "cfr_section", "duties_test", "exemption_category", "salary_basis_required", "salary_requirement" ], "derived_fields": [ "cfr_part" ] }, { "exemption_category": "Outside sales", "cfr_section": "\u00a7 541.500", "duties_test": "(1) Whose primary duty is: (i) making sales within the meaning of section 3(k) of the Act, or (ii) obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and (2) Who is customarily and regularly engaged away from the employer's place or places of business in performing such primary duty.", "salary_requirement": "The requirements of subpart G (salary requirements) of this part do not apply to the outside sales employees described in this section.", "cfr_part": "29 CFR Part 541", "id": "outside-sales", "url": "https://referencesource.org/flsa-overtime-exemption-duties-tests/outside-sales/", "source": "https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541", "source_quote": "\u00a7 541.500 General rule for outside sales employees. (a) The term \u201cemployee employed in the capacity of outside salesman\u201d in section 13(a)(1) of the Act shall mean any employee: (1) Whose primary duty is: (i) making sales within the meaning of section 3(k) of the Act, or (ii) obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and (2) Who is customarily and regularly engaged away from the employer's place or places of business in performing such primary duty. (b) The term \u201cprimary duty\u201d is defined at \u00a7 541.700 . In determining the primary duty of an outside sales employee, work performed incidental to and in conjunction with the employee's own outside sales or solicitations, including incidental deliveries and collections, shall be regarded as exempt outside sales work. Other work that furthers the employee's sales efforts also shall be regarded as exempt work including, for example, writing sales reports, updating or revising the employee's sales or display catalogue, planning itineraries and attending sales conferences. (c) The requirements of subpart G (salary requirements) of this part do not apply to the outside sales employees described in this section.", "verified_fields": [ "cfr_section", "duties_test", "exemption_category", "salary_requirement" ], "derived_fields": [ "cfr_part" ] }, { "exemption_category": "Practice of law or medicine", "cfr_section": "\u00a7 541.304", "duties_test": "(1) Any employee who is the holder of a valid license or certificate permitting the practice of law or medicine or any of their branches and is actually engaged in the practice thereof; and (2) Any employee who is the holder of the requisite academic degree for the general practice of medicine and is engaged in an internship or resident program pursuant to the practice of the profession.", "salary_requirement": "subpart G (salary requirements) of this part do not apply to the employees described in this section.", "cfr_part": "29 CFR Part 541", "id": "practice-of-law-or-medicine", "url": "https://referencesource.org/flsa-overtime-exemption-duties-tests/practice-of-law-or-medicine/", "source": "https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541", "source_quote": "\u00a7 541.304 Practice of law or medicine. (a) The term \u201cemployee employed in a bona fide professional capacity\u201d in section 13(a)(1) of the Act also shall mean: (1) Any employee who is the holder of a valid license or certificate permitting the practice of law or medicine or any of their branches and is actually engaged in the practice thereof; and (2) Any employee who is the holder of the requisite academic degree for the general practice of medicine and is engaged in an internship or resident program pursuant to the practice of the profession. (b) In the case of medicine, the exemption applies to physicians and other practitioners licensed and practicing in the field of medical science and healing or any of the medical specialties practiced by physicians or practitioners. The term \u201cphysicians\u201d includes medical doctors including general practitioners and specialists, osteopathic physicians (doctors of osteopathy), podiatrists, dentists (doctors of dental medicine), and optometrists (doctors of optometry or bachelors of science in optometry). (c) Employees engaged in internship or resident programs, whether or not licensed to practice prior to commencement of the program, qualify as exempt professionals if they enter such internship or resident programs after the earning of the appropriate degree required for the general practice of their profession. (d) The requirements of \u00a7 541.300 and subpart G (salary requirements) of this part do not apply to the employees described in this section.", "verified_fields": [ "cfr_section", "duties_test", "exemption_category", "salary_requirement" ], "derived_fields": [ "cfr_part" ] }, { "exemption_category": "Teaching professional", "cfr_section": "\u00a7 541.303", "duties_test": "any employee with a primary duty of teaching, tutoring, instructing or lecturing in the activity of imparting knowledge and who is employed and engaged in this activity as a teacher in an educational establishment by which the employee is employed.", "salary_requirement": "Subpart G (salary requirements) of this part do not apply to the teaching professionals described in this section.", "cfr_part": "29 CFR Part 541", "id": "teaching-professional", "url": "https://referencesource.org/flsa-overtime-exemption-duties-tests/teaching-professional/", "source": "https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541", "source_quote": "\u00a7 541.303 Teachers. (a) The term \u201cemployee employed in a bona fide professional capacity\u201d in section 13(a)(1) of the Act also means any employee with a primary duty of teaching, tutoring, instructing or lecturing in the activity of imparting knowledge and who is employed and engaged in this activity as a teacher in an educational establishment by which the employee is employed. The term \u201ceducational establishment\u201d is defined in \u00a7 541.204(b) . (b) Exempt teachers include, but are not limited to: Regular academic teachers; teachers of kindergarten or nursery school pupils; teachers of gifted or disabled children; teachers of skilled and semi-skilled trades and occupations; teachers engaged in automobile driving instruction; aircraft flight instructors; home economics teachers; and vocal or instrumental music instructors. Those faculty members who are engaged as teachers but also spend a considerable amount of their time in extracurricular activities such as coaching athletic teams or acting as moderators or advisors in such areas as drama, speech, debate or journalism are engaged in teaching. Such activities are a recognized part of the schools' responsibility in contributing to the educational development of the student. (c) The possession of an elementary or secondary teacher's certificate provides a clear means of identifying the individuals contemplated as being within the scope of the exemption for teaching professionals. Teachers who possess a teaching certificate qualify for the exemption regardless of the terminology (e.g., permanent, conditional, standard, provisional, temporary, emergency, or unlimited) used by the State to refer to different kinds of certificates. However, private schools and public schools are not uniform in requiring a certificate for employment as an elementary or secondary school teacher, and a teacher's certificate is not generally necessary for employment in institutions of higher education or other educational establishments. Therefore, a teacher who is not certified may be considered for exemption, provided that such individual is employed as a teacher by the employing school or school system. (d) The requirements of \u00a7 541.300 and Subpart G (salary requirements) of this part do not apply to the teaching professionals described in this section.", "verified_fields": [ "cfr_section", "duties_test", "exemption_category", "salary_requirement" ], "derived_fields": [ "cfr_part" ] } ] }