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construction legal forms
  Bringing Construction Management Solutions to your fingertips!!

Federal Overtime Regulations Overhauled! (Continued from page three)
Diane Dennis Enterprises © 2004

White-Collar Workers

Professional Exemption (more detailed info)
To qualify for the learned professional employee exemption, all of the following tests must be met:

  • The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;
  • 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.

To qualify for the creative professional employee exemption, all of the following tests must be met:

  • The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;
  • The employee’s primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.

Computer Employee Exemption (more detailed info)
To qualify for the computer employee exemption, the following tests must be met:

  • The employee must be compensated either on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week or, if compensated on an hourly basis, at a rate not less than $27.63 an hour;
  • The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below;
  • The employee’s primary duty must consist of:
    • The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
    • The 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;
    • The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
    • A combination of the aforementioned duties, the performance of which requires the same level of skills.

(next page: Outside Sales & Highly Compensated Employees Exemptions)


 


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By Diane Dennis


Any part or portion or section of this website may be copied or reproduced in any manner as long as I am given full credit and a working link back to this site. When using forms obtained from this site, please do not remove the copyright information at the bottom, unless and until you receive explicit written permission to do so.

Disclaimer: While every attempt has been and will be made to keep the information at this website accurate and up-to-date, we do not represent ourselves as experts. Even though we have used some and/or all of the forms and methods posted here, we do not guarantee that these forms and/or methods are acceptable for your situation(s). For specific legal questions and/or expert assistance we suggest that you contact an attorney.

Webmistress: Diane Forster-Dennis
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A growing list of links to all of the pages here at our website.
If you see something that interests you, please click on the link to check it out:

Ask an attorney

 

English to Spanish pocket book for the job site

Contractors Construction General Liability Insurance and Construction Bonds

 

Downloadable Construction Contract Legal Forms at my Yahoo! Forms Store

Sexual Harassment

FORMS
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#2 Construction Lien Release
#3 Construction Lien Release
#4 Construction Lien Release
Mechanic's Lien Form
Mechanics Lien Release Form
20-Day Preliminary Notice
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