STYLE="font-size:16.0pt">Executive Employees

Current Long
Test

Current Short
Test

Proposed Standard
Test

Salary

$155 per week

$250 per week

$425 per week

Duties

Primary duty of the management of the enterprise or a recognized
department or subdivision.

Customarily and regularly directs the work of two or more other
employees.

Has authority to hire or fire other employees (or recommendations
as to hiring, firing, promotion or other change of status of other employees
are given particlar weight).

Customarily and regularly exercises discretionary powers.

Does not devote more than 20 percent (40 percent in retail or
service establishments) of time to activities that are not directly and closely
related to exempt work.

Primary duty of the management of the enterprise or a recognized
department or subdivision.

Customarily and regularly directs the
work of two or more other employees.

Primary duty of the management of the enterprise or a recognized
department or subdivision.

Customarily and regularly directs the work of two or more other
employees.

Has authority to hire or fire other employees (or recommendations
as to hiring, firing, promotion or other change of status of other employees
are given particular weight).

STYLE="font-size:16.0pt">Administrative Employees

Current Long
Test

Current Short
Test

Proposed Standard
Test

Salary

$155 per week

$250 per week

$425 per week

Duties

Primary duty of performing office or non-manual work directly
related to management policies or general business operations of the employer
or the employer’s customers.

Customarily and regularly exercises discretion and independent
judgment.

Regularly and directly assists a proprietor, or exempt executive
or administrative employee; or performs specialized or technical work
requiring special knowledge under only general supervision; or executes
special assignments under only general supervision.

Does not devote more than 20 percent (40 percent in retail or
service establishments) of time to activities that are not directly and closely
related to exempt work.

Primary duty of performing office or non-manual work directly
related to management policies or general business operations of the employer
or the employer’s customers.

Customarily and regularly exercises discretion and independent
judgment.

Primary duty of performing office or non-manual work directly
related to the management or general business operations of the employer or the
employer’s customers.

Holds a “position of responsibility” with the employer,
defined as either (1) performing work of substantial importance or
(2)performing work requiring a high level of skill or training.

STYLE="font-size:16.0pt">Learned Professional Employees

Current Long
Test

Current Short
Test

Proposed Standard
Test

Salary

$170 per week

$250 per week

$425 per week

Duties

Primary duty of performing work 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.

Consistently exercises discretion and judgment.

Performs work that is predominantly intellectual and varied in
character and is of such character that the output produced or result
accomplished cannot be standardized in relation to a given period of time.

Does not devote more than 20 percent of time to activities that
are not an essential part of and necessarily incident to exempt work.

Primary duty of performing work 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.

Consistently exercises discretion and judgment.

Primary duty of performing office or non-manual work requiring
knowledge of an advanced type in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual instruction, but
which also may be acquired by alternative means such as an equivalent
combination of intellectual instruction and work experience.

STYLE="font-size:16.0pt">Creative Professional Employees

Current Long
Test

Current Short
Test

Proposed Standard
Test

Salary

$170 per week

$250 per week

$425 per week

Duties

Primary duty of performing work that is original and creative in
character in a recognized field of artistic endeavor, and the result of which
depends primarily on the invention, imagination, or talent of the employee.

Consistently exercises discretion and judgment.

Performs work that is predominantly intellectual and varied in
character and is of such character that the output produced or result
accomplished cannot be standardized in relation to a given period of time.

Does not devote more than 20 percent of time to activities that
are not directly and closely related to exempt work.

Performs work requiring invention, imagination, or talent in a
recognized field of artistic endeavor.

Primary duty of performing work requiring invention, imagination,
originality or talent in a recognized field of artistic or creative
endeavor.

STYLE="font-size:16.0pt">Computer Employees

Current Long
Test

Current Short
Test

Section 13(a)(17)
Test

Proposed Standard
Test

Salary

$170 per week

$250 per week

$27.63 an hour

$425 per week or

$27.63 an hour

Duties

Primary duty of performing work requiring theoretical and
practical application of highly-specialized knowledge in computer systems
analysis, programming, and software engineering.

Employed as a computer systems analyst, computer programmer,
software engineer, or other similarly skilled worker in the computer software
field.

Consistently exercises discretion and judgment.

Performs work that is predominantly
intellectual and varied in character and is of such character that the output
produced or result accomplished cannot be standardized in relation to a given
period of time.

Does not devote more than 20 percent of time to activities that
are not directly and closely related to exempt work.

Primary duty of performing work requiring theoretical and
practical application of highly-specialized knowledge in computer systems
analysis, programming, and software engineering.

Employed as a computer systems analyst, computer programmer,
software engineer, or other similarly skilled worker in the computer software
field.

Consistently exercises discretion and judgment.

Primary duty of (A) application of systems analysis techniques and
procedures, including consulting with users, to determine hardware, software or
system functional applications; or (B) design, development,
documentation, analysis, creation, testing, or modification of computer systems
or programs, including prototypes, based on and related to user or system
design specifications; or (C) design, documentation, testing, creation
or modification of computer programs related to machine operating systems;
or (D) a combination of duties described in (A), (B) and (C), the
performance of which requires the same level of skills.

Employed as a computer systems analyst, computer programmer,
software engineer, or other similarly skilled worker in the computer field.

Primary duty of (A) application of systems analysis techniques and
procedures, including consulting with users, to determine hardware, software or
system functional applications; or (B) design, development,
documentation, analysis, creation, testing, or modification of computer systems
or programs, including prototypes, based on and related to user or system
design specifications; or (C) design, documentation, testing, creation
or modification of computer programs related to machine operating systems;
or (D) a combination of duties described in (A), (B) and (C), the
performance of which requires the same level of skills.

Employed as a computer systems analyst, computer programmer,
software engineer, or other similarly skilled worker in the computer field.

STYLE="font-size:16.0pt">Outside Sales Employees

Current Long
Test

Current Short
Test

Proposed Standard
Test

Salary

None required.

None required.

None required.

Duties

Employed for the purpose of and customarily and regularly engaged
away from the employer’s place of business in making sales; or in
obtaining orders or contracts for services or for the use of facilities for
which a consideration will be paid by the client or customer.

Does not devote more than 20 percent of the hours worked by
nonexempt employees of the employer to activities that are not incidental to
and in conjunction with the employee’s own outside sales or
solicitations.

No separate “short” test.

Primary duty of making sales; or of obtaining orders or
contracts for services or for the use of facilities for which a consideration
will be paid by the client or customer.

Customarily and regularly engaged away from the employer’s
place or places of business.