Page 8 - White Paper- Wage and Hour Laws

sales people, computer technicians, actuaries, and numerous other occupations),

then you may have your answer.

Most people, however, are left trying to figure out how the “bona fide

administrative, professional, or executive” language applies to their situation,

which is often not a straightforward exercise. If in doubt, you will want to consult

with a lawyer, because the test is very specific to the facts of each employee’s

duties. There are, however, some basic guidelines for what each of these

exemptions means.

“Professional:”

• The employee’s primary duty must be the performance of work requiring

advanced knowledge, defined as work which is predominantly intellectual in

character and which includes work requiring the consistent exercise of

discretion and judgment;

• The advanced knowledge must be in a field of science or learning; and

• The advanced knowledge must be customarily acquired by a prolonged

course of specialized intellectual instruction.

slnlaw LLC
46 South Main Street Sharon MA 02067 781-784-2322 www.slnlaw.com