Report and Recommendations on Proposed Revisions of Regulations, Part 541: Defining the Terms "executive," "administrative," "professional", "local Retailing Capacity," "outside Salesman," as Contained in Section 13(a) (1) of the Fair Labor Standards Act of 1938, Providing Exemptions from the Wage and Hour Provisions of the Act

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Page 96 - ... of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; (iv) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual,...
Page 88 - employee employed In a bona fide executive • • * capacity" In section 13 (a) (1) of the Act shall mean any employee: (a) Whose primary duty consists of the management of the enterprise In which he is employed or of a customarily recognized department or subdivision thereof ; and (b) Who customarily and regularly directs the work of two or more other employees therein; and (c) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing...
Page 65 - ... whose primary duty consists of the performance of office or nonmanual field work directly related to management policies or general business operations of his employer or his employer's customers...
Page 94 - employee, employed in a bona fide executive . . . capacity" in Section 13(a)(l) of the act shall mean any employee — (a) whose primary duty consists of the management of the enterprise in which he is employed or of a customarily recognized department or subdivision thereof; and...
Page 4 - The provisions of sections 6 and 7 shall not apply with respect to (1) any employee employed in a bona fide executive, administrative, professional, or local retailing capacity, or in the capacity of outside salesman...
Page 88 - employee employed in a bona fide executive . . . capacity" in section 13 (a) (1) of the Act shall mean any employee (A) whose primary duty consists of the management of the establishment in which he is employed or of a customarily recognized department or subdivision thereof, and (B) who customarily and regularly directs the work of...
Page 93 - Provided, That work performed incidental to and in conjunction with the employee's own outside sales or solicitations, including incidental deliveries and collections, shall not be regarded as nonexempt work.
Page 43 - That this paragraph shall not apply in the case of an employee who is in sole charge of an independent establishment or a physically separated branch establishment...
Page 30 - ... productivity and efficiency for the purpose of recommending promotions or other changes in their status; handling their complaints and grievances and disciplining them when necessary; planning the work; determining the techniques to be used; apportioning the work among the workers; determining the type of materials, supplies, machinery or tools to be used or merchandise to be bought, stocked...
Page 95 - ... (B) who is compensated for his services on a salary or fee basis at a rate of not less than $200 per month (exclusive of .board, lodging or other facilities); provided that this subsection (B) shall not apply in the case of an employee who is the holder of a valid license or certificate permitting the practice of law or medicine or any of their branches and who is actually engaged in the practice thereof.

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