The long test had a lower salary basis and also required the employee to have regularly exercised discretionary powers to have devoted no more than 40% of their workweek to activities not directly and closely related to management. 29 C.F.R. § 541.1 (2003). The short test used a higher salary basis, but only required employees to regularly direct two or more employees and to have a primary duty of management.

On Thursday, March 13, President Obama directed U.S. Secretary of Labor Thomas E. Perez to "modernize and streamline" the Department of Labor's (DOL) "white collar" overtime exemption regulations at 29 C.F.R. Part 541.1 The regulations define the scope of the executive, administrative, professional, outside sales, and computer exemptions under the Fair Labor Standards Act (FLSA). This initiative took many employers by surprise because it was not previously included in the DOL's semi-annual regulatory agenda.

Dear Name*:This is in response to your letter requesting an opinion regarding whether radiology technologists (RTs) qualify for the professional exemption under section 13(a)(1) of the Fair Labor Standards Act (FLSA) and 29 C.F.R. Part 541.1 It is our opinion that radiology technologists are not exempt from the minimum wage and overtime requirements of the FLSA.The RTs review physicians’ orders for patient examinations and ensure that the examining room is properly prepared for the procedure. They visit patients to determine their tolerance to the examination and positioning, prepare patient information cards that are included on the film for identification, and position the patients to assure that the radiologist can see and access the proper area for the imaging procedure.

Dear Name*:This is in response to your letter requesting an opinion regarding whether radiology technologists (RTs) qualify for the professional exemption under section 13(a)(1) of the Fair Labor Standards Act (FLSA) and 29C.F.R. Part 541.1 It is our opinion that radiology technologists are not exempt from the minimum wage and overtime requirements of the FLSA.The RTs review physicians’ orders for patient examinations and ensure that the examining room is properly prepared for the procedure. They visit patients to determine their tolerance to the examination and positioning, prepare patient information cards that are included on the film for identification, and position the patients to assure that the radiologist can see and access the proper area for the imaging procedure.

Dear Name*:This is in response to your correspondence requesting an opinion regarding whether timeshare salespeople at resort properties may qualify for the outside sales exemption from the minimum wage and overtime requirements provided by section 13(a)(1) of the Fair Labor Standards Act (FLSA) and the implementing regulations at 29 C.F.R. Part 541.1 It is our opinion that the salespeople do not qualify for the outside sales exemption.You describe three very similar groups of employees whose primary duty is to promote and to sell timeshare interests in resorts to prospective owners. The first group of employees, Group One, works from locations some distance (two to five miles) away from the resort sites.

Dear Name*:This is in response to your correspondence requesting an opinion regarding whether timeshare salespeople at resort properties may qualify for the outside sales exemption from the minimum wage and overtime requirements provided by section 13(a)(1) of the Fair Labor Standards Act (FLSA) and the implementing regulations at 29 C.F.R. Part 541.1 It is our opinion that the salespeople do not qualify for the outside sales exemption.You describe three very similar groups of employees whose primary duty is to promote and to sell timeshare interests in resorts to prospective owners. The first group of employees, Group One, works from locations some distance (two to five miles) away from the resort sites.