(509) 535-4646
Answering “YES” to ALL questions in any one category indicates that the employee meets the legal requirements to be considered exempt from overtime within that category.
Executive / Yes / NO
1. Is the employee’s primary duty the management of the enterprise or managing a customarily recognized department, area, or subdivision? / /
2. Does the employee regularly direct the work of two or more other full-time employees or the equivalent? / /
3. Does this employee’s recommendations regarding hiring and termination of other employees carry weight? / /
4. Does the employee spend about 50 percent or more of their time on managerial tasks? / /
5. Is the employee regularly paid a weekly rate of at least $455? / /
Professional / Yes / NO
1. Does the employee’s primary duty require one of the following: advanced knowledge in a field of science or learning; originality and creativity in a recognized field of artistic endeavor; or teaching, tutoring or instructing? / /
2. Was the advanced knowledge acquired by a prolonged course of specialized intellectual interest? / /
3. Are discretion and independent judgment consistently used? / /
4. Does the employee spend no more that 20 percent of his/her time on nonexempt work each workweek? / /
5. Is the employee’s work primarily intellectual and nonstandard in character? / /
6. Is the employee regularly paid a weekly rate of at least $455?
Administrative / Yes / NO
1. Is the employee’s primary duty the performance of office or non-manual work that is directly related to the management or general business operations? / /
2. Does the employee regularly exercise discretion and independent judgment with respect to manners of significance? / /
3. Does the employee spend no more than 20 percent of his/her time on nonexempt work each workweek? / /
4. Is the employee regularly paid a weekly salary of at least $455? / /
Outside Sales / Yes / NO
1. Does the salesperson sell somewhere other than the company’s place of business? / /
2. Is the salesperson’s primary duty making sales or obtaining orders or contracts for services or for the use of facilities provided by the company for which a consideration will be paid by the client or customer? / /
3. Does the employee spend no more than 20 percent of his/her time each workweek on non-sales or non-sales related activities? / /
COMPUTER / Yes / NO
1. Is the employee compensated either on a salary or fee basis 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? / /
2. Is the employee employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below; / /
3. Does the employee’s primary duty 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. / /
*Note about Computer Exempt Employees: The computer employee exemption does not include employees engaged in the manufacture or repair of computer hardware and related equipment. Employees whose work is highly dependent upon, or facilitated by, the use of computers and computer software programs (e.g., engineers, drafters and others skilled in computer aided design software), but who are not primarily engaged in computer systems analysis and programming or other similarly skilled computer-related occupations identified in the primary duties test described above, are also not exempt under the computer employee exemption.
Timber Products Manufacturers Association
951 East Third Avenue, Spokane, WA 99202
phone (509) 535-4646 fax (509) 534-6106 www.tpmrs.com