• Professional test 2: - receives at least $170 per week in salary or fee; - either
(1) performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; (2) performs original work dependent on the person's own creativeness in a recognized field of artistic endeavor; or (3) is a certified teacher working as such or recognized as such in the school system where the person works; - consistently exercises discretion and judgment. - performs predominantly intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and - devotes less than 20 percent of the hours worked to activities not essential to the person's professional work. • Outside Sales Worker: "Salesperson" is defined as one who makes sales of, or obtains orders or contracts for, materials, services, or the use of facilities for which payment will be made. Incidental deliveries, collections, and other nonsales or nonsolicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson. An outside salesperson is hired for the express purpose of performing such duties away from the employer's place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of nonoutside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Employees earning less than the amounts specified in each category above may still qualify as exempt, but they must fulfill work requirements more detailed than indicated above. Other employees subject to the Minnesota act but exempt from overtime requirements are: • Seasonal employees of a carnival, circus, fair, or ski resort. • Construction workers of on-farm silos or installers of appurtenant equipment who are paid on a unit or piece rate. • Salesperson, parts person, or mechanic paid on a commission or incentive basis if employed by a non-manufacturing establishment primarily engaged in selling automobiles, trailers, trucks or farm implements to ultimate purchasers. • Employees of a retail or service establishment if the regular rate of pay is in excess of one and one half times the minimum wage and more than half the compensation represents commissions on goods or services.
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