Executive, administrative, and professional (EAP) exemptions under Minnesota law Minnesota has its own tests for executive, administrative, and professional exemptions, set out in: • Minn. Rules 5200.0180 – Executive, administrative, and professional personnel (general). • Minn. Rules 5200.0190 – Executive tests. • Minn. Rules 5200.0200 – Administrative tests. • Minn. Rules 5200.0210 – Professional tests. In general, to be exempt under these rules: • The employee must be paid a guaranteed, predetermined weekly salary or fee at or above specified levels in the rules (which differ by test). • The employee’s primary duties must satisfy detailed duties tests for executive, administrative, or professional work. It is important to emphasize that paying a salary or using a particular job title (for example, “supervisor” or “manager”) does not make an employee exempt unless the duties and salary tests in the Minnesota rules are met. Given the complexity and age of the dollar thresholds in the rules, employers should not rely solely on the text of Minn. Rules 5200.0180–.0210. Instead, they should: • Review DLI’s current “Labor Standards in Minnesota” and “Overtime” guidance; and • Consult counsel to confirm how Minnesota’s tests interact with current FLSA exemptions. Outside sales and other Minnesota overtime exemptions Minnesota’s rules also describe who qualifies as an “outside salesperson,” generally focusing on whether the worker: • Is hired primarily to make sales or obtain orders or contracts; and • Customarily and regularly performs these activities away from the employer’s place of business, with only limited work on the premises and limited non-sales duties. Other employees subject to Minnesota’s minimum wage and other protections but exempt from state overtime in limited circumstances include: • Seasonal employees of carnivals, circuses, fairs, or ski resorts. • Certain construction workers on farm silos or installers of related equipment paid on a unit or piece-rate basis. • Certain salespersons, parts persons, or mechanics paid on a commission or incentive basis when employed by non-manufacturing establishments primarily selling automobiles, trailers, trucks, or farm implements to end users.
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