Effective May 14, 2010, the Department adopted Title 29, Part 541.200 (Subpart C – Administrative Employees) of the Code of Federal Regulations. In order for an employee to be exempt as a bona fide administrative, all of the following guidelines must be met:
- (1) Compensated on a salary or fee basis at a rate of not less than $455 per week..., 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.
For further reference and guidance, the following are the applicable rules and regulations: