Professional Exemption

New and Updated

• Type:

  Employment Law Guide

  Employee Classification: Pennsylvania

  Updated to reflect the repeal of regulations establishing duties tests and a minimum salary for overtime-exempt executive, administrative and professional employees, effective September 7, 2021.

• Type:

  Employment Law Guide

  Employee Classification: Arkansas

  Updated to reflect the exemption for direct sellers, effective July 28, 2021.

• Type:

  Employment Law Guide

  Employee Classification: New Mexico

  Updated to reflect the repeal of the minimum wage and overtime exemption for minors who are not enrolled in school, effective June 18, 2021.

• Type:

  Legal Timetable

  Colorado Overtime and Minimum Pay Standards (COMPS) Order #37 Modifications Take Effect

• Type:

  Legal Timetable

  California Minimum Pay for Overtime-Exempt Computer Professionals and Physicians and Surgeons Paid an Hourly Rate Is Adjusted for Inflation

• Type:

  Checklists

  Comply With the Salary Basis Test Checklist

  Updated to reflect the vacatur of the overtime rule updating and revising the Fair Labor Standards Act (FLSA) overtime exemption requirements, effective November 15, 2024.

• Type:

  Policies and Procedures

  Model Salary Basis Policy for Exempt White-Collar Workers

  The US Department of Labor (DOL) provides employers the Model Salary Basis Policy for Exempt White-Collar Workers as an example of a salary basis policy that will meet the requirements of the "safe harbor" provision of the Fair Labor Standards Act (FLSA). Under the "safe harbor" provision, employers that inadvertently make improper deductions from the pay of exempt employees can shield themselves from overtime liability if they adopt a salary basis policy and take other steps.

• Type:

  How To

  How to Determine If an Employee Qualifies for the FLSA Learned Professional Exemption

  Updated to reflect the vacatur of the overtime rule updating and revising the Fair Labor Standards Act (FLSA) overtime exemption requirements, effective November 15, 2024.

• Type:

  How To

  How to Determine If an Employee Qualifies for the FLSA Creative Professional Exemption

  Updated to reflect the vacatur of the overtime rule updating and revising the Fair Labor Standards Act (FLSA) overtime exemption requirements, effective November 15, 2024.

• Type:

  Legal Timetable

  Washington Simplifies Duties Tests for Overtime-Exempt Employees, Increases Minimum Salary to $675.00 per Week