nonprofit volunteers; elected officials; police and firefighters; seasonal fair, carnival and ski facility workers (overtime exempt only); clergy working in schools, hospitals or nonprofits operated by a church or religious order; certain agricultural workers, if paid on a salary basis; outside salespersons; and
executive, administrative and professional employees. • Executive, administrative and professional exemptions
Positions designated under one of these common exemptions must be paid a guaranteed and predetermined weekly salary and perform certain job duties to be exempt from Minnesota's overtime law. It is important to emphasize that paying an employee a salary or using a certain job title, such as supervisor, does not make a worker exempt without meeting the “duties tests.” The duties tests and salary amounts can be found i n Minn. Rules 5200.0180 - Executive, administrative and professional personnel and: Executive tests (Minn. Rules 5200.0190)
Administrative tests (Minn. Rules 5200.0200) Professional tests (Minn. Rules 5200.0210)
E xecutive • Executive test 1: - at least $250 per week in salary; manages the enterprise by which the person is employed or a recognized • Executive test 2: - receives at least $155 per week in salary; manages and supervises a department of at least two other fulltime people (a full-time employee is defined as one who works at least 35 hours in a workweek); has authority to hire or fire or suggest changes in employees' status; D. regularly exercises discretionary powers; and either: (1) devotes less than 20 percent of time worked, or 40 percent in retail or service establishments, to nonexempt work; (2) owns 20 percent or more of the business; or (3) has sole charge of an independent or branch establishment.
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