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29 CFR Part 541 | § 541.200 | [
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] | (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. | Administrative | administrative | Compensated on a salary or fee basis | $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 ot... | https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541 | § 541.200 General rule for administrative employees. (a) The term “employee employed in a bona fide administrative capacity” in section 13(a)(1) of the Act shall mean any employee: (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 th... | https://referencesource.org/flsa-overtime-exemption-duties-tests/administrative/ | [
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29 CFR Part 541 | § 541.400 | [
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] | 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... | Computer employee | computer-employee | 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. | 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... | https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541 | § 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 wi... | https://referencesource.org/flsa-overtime-exemption-duties-tests/computer-employee/ | [
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29 CFR Part 541 | § 541.302 | [
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] | 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... | Creative professional | creative-professional | null | null | https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541 | § 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... | https://referencesource.org/flsa-overtime-exemption-duties-tests/creative-professional/ | [
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29 CFR Part 541 | § 541.100 | [
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] | (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... | Executive | executive | Compensated on a salary basis | $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 ot... | https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541 | § 541.100 General rule for executive employees. (a) The term “employee employed in a bona fide executive capacity” in section 13(a)(1) of the Act shall mean any employee: (1) Compensated on a salary 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... | https://referencesource.org/flsa-overtime-exemption-duties-tests/executive/ | [
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29 CFR Part 541 | § 541.601 | [
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] | 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 | Highly compensated employee | highly-compensated-employee | “Total annual compensation” must include at least $684 per week paid on a salary or fee basis | an employee with total annual compensation of at least $107,432 is deemed exempt under section 13(a)(1) of the Act | https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541 | § 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, ad... | https://referencesource.org/flsa-overtime-exemption-duties-tests/highly-compensated-employee/ | [
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29 CFR Part 541 | § 541.301 | [
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] | 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 employe... | Learned professional | learned-professional | Compensated on a salary or fee basis | $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 ot... | https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541 | § 541.300 General rule for professional employees. (a) The term “employee employed in a bona fide professional capacity” in section 13(a)(1) of the Act shall mean any employee: (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 Co... | https://referencesource.org/flsa-overtime-exemption-duties-tests/learned-professional/ | [
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29 CFR Part 541 | § 541.500 | [
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] | (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 ... | Outside sales | outside-sales | null | The requirements of subpart G (salary requirements) of this part do not apply to the outside sales employees described in this section. | https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541 | § 541.500 General rule for outside sales employees. (a) The term “employee employed in the capacity of outside salesman” 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 o... | https://referencesource.org/flsa-overtime-exemption-duties-tests/outside-sales/ | [
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29 CFR Part 541 | § 541.304 | [
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] | (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 inte... | Practice of law or medicine | practice-of-law-or-medicine | null | subpart G (salary requirements) of this part do not apply to the employees described in this section. | https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541 | § 541.304 Practice of law or medicine. (a) The term “employee employed in a bona fide professional capacity” 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... | https://referencesource.org/flsa-overtime-exemption-duties-tests/practice-of-law-or-medicine/ | [
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29 CFR Part 541 | § 541.303 | [
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] | 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. | Teaching professional | teaching-professional | null | Subpart G (salary requirements) of this part do not apply to the teaching professionals described in this section. | https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541 | § 541.303 Teachers. (a) The term “employee employed in a bona fide professional capacity” 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 ... | https://referencesource.org/flsa-overtime-exemption-duties-tests/teaching-professional/ | [
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FLSA overtime exemption duties tests by category (29 CFR Part 541)
Canonical, always-current version: https://referencesource.org/flsa-overtime-exemption-duties-tests/ Machine-readable: https://referencesource.org/flsa-overtime-exemption-duties-tests/data.json — this mirror is a point-in-time copy.
- Last verified: 2026-10-06
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Whether a salaried employee is exempt from federal overtime pay turns on two independent tests under 29 CFR Part 541 — a salary-level test and a duties test — 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 — executive, administrative, learned professional, creative professional, teaching professional, practice of law or medicine, computer employee, outside sales, highly compensated employee — 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'.
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