In addition to meeting the salary requirements discussed above, you must also meet all of the following tests to be considered exempt:
To qualify for the executive employee exemption, all of the following tests must be met:
- The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;
- The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and
- The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.
29 C.F.R. § 541.100(a).
If you think you may be misclassified as exempt, or want to determine whether you are exempt or non-exempt, please contact the Tran Law Firm by filling out our online questionnaire or by calling 713-223-8855.