(Letter of September 12, 1995, pp. 1-2). Rather, you seek concurrence with your position that the HOSC qualifies for the administrative exemption under the FLSA and 29 C.F.R. §541.2, because of the functions that (s)he performs for the customers of your client.As a rule, to qualify as a bona fide administrative position, the position must meet all of the requirements contained in the implementing regulations at 29 C.F.R. § 541.2.

(Letter of September 12, 1995, pp. 1-2). Rather, you seek concurrence with your position that the HOSC qualifies for the administrative exemption under the FLSA and 29 C.F.R. §541.2, because of the functions that (s)he performs for the customers of your client.As a rule, to qualify as a bona fide administrative position, the position must meet all of the requirements contained in the implementing regulations at 29 C.F.R. § 541.2.

And of course, in determining whether an employee is "engaged in"' exempt or non-exempt work, the critically important question is what sort of work is the employee actually performing. In contrast, under federal law, the focus of the administrative exemption under 29 C.F.R. Section 541.2 is the "primary duty" of the employee without regard to the percentage of time the employee is engaged in administrative work. 29 C.F.R. Section 541.

Additionally, it must be made clear that imposition of any "salary test" other than the "remuneration" test found in the Orders, is beyond the jurisdiction of the DLSE and, thus, is beyond the juris- diction of the California courts.· Administrative EmployeesAgain, in determining the exemption status under the adminis­trative category, the key phrase is "engaged in" and not, as under the federal regulations, "primary duty" (29 C.F.R. §541.2 (a)) . With this exception, the DLSE accepts the general definition of "admin­ istrative duties" set out by the DOL at 29 C.F.R. §541.

On April 23, 2024, the United States Department of Labor released a final rule raising the salary threshold for “white collar” workers—i.e., executives, professionals, and administrative personnel. While we expect there will be legal challenges to this rule, if it takes effect, businesses will need to raise their employees’ salaries to meet the new threshold or reclassify them as eligible for overtime.The Salary Basis Test—GenerallyThe Fair Labor Standards Act (“FLSA”) generally requires employers to compensate employees who work more than forty hours per week with overtime pay. 29 U.S.C. § 207(a). However, the statute exempts from coverage “any employee employed in in a bona fide executive, administrative, or professional capacity.” Id. § 213(a)(1). Congress delegated to the Department of Labor the responsibility of developing regulations defining the scope of these exemptions. A job title alone is insufficient to establish the exempt status of an employee. 29 C.F.R. § 541.2. The exempt or nonexempt status of any particular employee must be determined on the basis of whether the employee’s salary and duties meet the requirements of the regulations. Id.An employee will be considered to be paid on a “salary basis” if the employee regularly receives each pay period on a weekly, or less frequent basis, a predetermined amount constituting all or part of the employee’s compensation, which amount is not subject to reduction because of variations in the quality or quantity of the work performed.The current rule requires a total salary of $35,568 which equals a guaranteed weekly payment of at least $684/week.The New Final RuleThe new final rule increases the salary threshold significantly. On July 1, 2024, the rule will raise the salary threshold for the “white collar” exemptions to $43,888—i.e., $844/week. On January 2025, the rule will raise the salary threshold for “white collar” exemptions to $58,656, i.e. —$1,128/week. The rule contemplates automatic updates

As the Department has repeatedly noted, with respect to exemption status, job titles are not determinative. See, e.g., 29 CFR 541.2; Wage & Hour Div. (WHD), Division Field Operations Handbook (FOH) § 22a04 (rev. 661 Nov. 29, 2010), available at http://www.dol.gov/whd/FOH/FOH_Ch22.pdf; WHD Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA) (rev. July 2008), available at http://www.dol.gov/whd/overtime/fs17a_overview.pdf.

The employee’s actual j ob duties and compensation determine whether the employee is exempt or nonexempt. 29 C.F.R. § 541.2. 1Facts found during Wage and Hour Division investigations and the facts set out in the case law establish that the following are typical mortgage loan officer job duties: Mortgage loan officers receive internal leads and contact potential customers or receive contacts from customers generated by direct mail or other marketing activity.

A worker is employed in a bona fide administrative capacity if he or she performs work “directly related to management policies or general business operations” and “customarily and regularly exercises discretion and independent judgment.” 29 C.F.R. § 541.2(a). However, production or sales-related work does not constitute “administrative” type work sufficient to trigger the exception.

200(a), “employee employed in a bona fide administrative capacity” means “any employee”:(1) Compensated on a salary or fee basis at a rate of not less than $455 per week;(2) Whose primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and(3) Whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.We note the salary and actual duties performed, not the occupational title and job classification, will determine whether the employee is exempt. See 29 C.F.R. § 541.2. For purposes of this opinion, we assume the employees in question receive at least $455 per week on a salary basis.With regard to the type of work that qualifies for the administrative exemption,[t]he phrase “directly related to the management or general business operations” refers to the type of work performed by the employee.

200(a), “employee employed in a bona fide administrative capacity” means “any employee”:(1) Compensated on a salary or fee basis at a rate of not less than $455 per week;(2) Whose primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and(3) Whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.We note the salary and actual duties performed, not the occupational title and job classification, will determine whether the employee is exempt. See 29 C.F.R. § 541.2. For purposes of this opinion, we assume the employees in question receive at least $455 per week on a salary basis.With regard to the type of work that qualifies for the administrative exemption,[t]he phrase “directly related to the management or general business operations” refers to the type of work performed by the employee.