On April 2, 2010, the Department of Labor and Industry held a public hearing to consider adopting the federal regulations regarding employment of persons in an executive, administrative, or professional capacity.

On May 14, 2010, the adoption of Title 29, Part 541.100 (Subpart B – Executive Employees) of the Code of Federal Regulations became effective.

For assistance in determining if an employee meets the criteria of an executive exempt employee, an employer will need to consider the timeframe in question and apply the applicable rules and regulations.

• Employment May 13, 2010 and prior, the following are the applicable rules and regulations an employee needs to meet**:
  • Rule: 24.16.201; and
  • Rule: 24.16.204.


• Employment May 14, 2010 forward, the following are the applicable rules and regulations an employee needs to meet:
  • Title 29, part 541, subpart B, Code of Federal Regulations; and
  • Title 29, part 541, subpart G, Code of Federal Regulations; and
  • Title 29, part 541, subpart H, Code of Federal Regulations.

** A business or an employee may fall under federal jurisdiction, and if so, both federal and state regulations need to be taken into consideration and apply the higher standard.