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Percentage limitations on exempt v. non exempt work Indiana

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  • Percentage limitations on exempt v. non exempt work Indiana

    Hi,

    I am looking for the regulation that changed the law on exempt employees who also do non-exempt duties. I had read that as long as an exempt employee meets the exempt test there is no percentage limitation as to how much non-exempt work they may do.

    Can someone cite the regulation and where I can find it?

    Thank You

  • #2
    The old regulation CFR 29 Part 541.1 prior Aug 23, 2006 did have a limit or percentage of work that limits an exempt worker before the exemption was lost. The new regulation effective 8/24/06 does not have such a limit any more.

    § 541.112 Percentage limitations on nonexempt work.
    (a) An employee will not qualify for exemption as an executive if he devotes more than 20 percent, or in the case of an employee of a retail or service establishment if he devotes as much as 40 percent, of his hours worked in the workweek to nonexempt work. This test is applied on a workweek basis and the percentage of time spent on non-exempt work is computed on the time worked by the employee.

    In the new updated regulation this entire section 541.112 was deleted...
    ========================================

    "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

    Comment


    • #3
      I believe that now the statement is simply "primary responsibilities". Care to share any details?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        The portion of 541.106 concurrent duties is the “percentage eliminator” if 541.100 is met. An employee who barely meets the exempt duties (with no minimum of percent on exempt work) would now most likely qualify for the exemption.
        ========================================

        "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

        Comment

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