Fair Labor Standards Act (FLSA) The Department of Labor issued revisions to FLSA regulations effective August 23, 2004. NON‐EXEMPT • Employees earning less than $455 per week/$23,660 annual • Blue collar workers The exemptions do not apply to manual laborers or other blue collar workers who perform work involving repetitive operations with their hands, physical skill and energy. Skills and knowledge are usually gained through apprenticeship and on the job training. FLSA covers non‐management employees in production, maintenance, construction and similar occupations, such as carpenters, electricians, mechanics, plumbers, craftsmen and operating engineers. These employees are non‐exempt regardless of salary. Non‐exempt because they generally do not • Technologists and Technicians meet the requirements for learned professional exemptions EXEMPTIONS Exemption from both minimum wage and overtime pay for employees employed as bona‐fide executive, administrative, professional and some information technology employees. To qualify for an exemption, employees must meet tests regarding job duties and be paid on a salary basis not less than $455 per week/$23,660 annual. Job titles do not determine exempt status. The requirements for these exemptions are as follows: Executive • Primary duty managing an enterprise, or a customarily recognized department or sub division. • Direct work of at least 2 or more full time employees or their equivalent. • Authority to hire and/or fire other employees, or their recommendations. concerning their employees’ employment status are given particular weight. Administrative • Primary duty must be performance of office or non‐manual work directly related to the management or general business operations of the employer or employer’s customer. • Primary duty includes the exercise of discretion and independent judgment with respect to matters of significance. Professional (Learned Professional) • Primary duty performance of work requiring advanced knowledge, intellectual in character requiring exercise of discretion and judgment; and • The advanced knowledge must be in a field of science and learning; and • Must be of a type customarily acquired through a prolonged course of specialized instruction (Not high school level) (Not routine, mental, manual, mechanical or physical work) Nurses who are registered by the appropriate State examining board generally meet the duties requirements for learned professions and may be classified as exempt. Creative Professional • Primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor. Computer Related Occupations • Must be compensated either on a salary or fee basis of not less than $455 per week or, if compensated on an hourly basis, at a rate not less than $27.63 per hour. • Employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the work listed below: • Primary duties include the application of systems analysis techniques such as consulting with users to determine needs; designing, developing, documenting, testing or modifying systems, programs and/or operating systems; the design, documentation, testing, creation, or modification of computer programs related to machine operating systems. Highly Compensated employees • Perform office and non‐manual work. • Paid $100,000 or more. • Customarily and regularly perform at least one of the duties of an exempt executive, administrative or professional employee test.