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Last Revised May 2018
A. ADMINISTRATIVE EMPLOYEE. See: Department of Labor, Wage and Hour
Division, Fact Sheet #17C. Answer the following to determine whether a worker should be
classified as an exempt administrative employee.
1. Is the employee’s primary duty performing office or non-manual work directly related to
the management or general business operations of the University or its customers?
Yes No Don’t Know
2. Does the employee exercise discretion and independent judgment with respect to matters
of significance? That is, does he/she evaluate and compare possible courses of action and then
make a decision or recommendation after considering the various possibilities?
Yes No Don’t Know
3. Is the employee compensated on a salary or fee basis at a rate not less than $913 per
week?
Yes No Don’t Know
B. LEARNED PROFESSIONAL EMPLOYEE. See: Department of Labor, Wage and
Hour Division, Fact Sheet #17D. Answer the following to determine whether a worker should
be classified as an exempt learned professional:
1. Is the employee’s primary duty to perform work requiring knowledge of an advanced
type in a field of science or learning customarily acquired by a prolonged course of specialized
intellectual instruction?
Yes No Don’t Know
2. Is the advanced knowledge obtained by completing an academic course of study resulting
in a four-year college degree or leading to certification?
Yes No Don’t Know
3. Is the employee compensated on a salary or fee basis at a rate not less than $913 per
week?
Yes No Don’t Know
Exception: Those who’ve completed the educational requirements for a law or medical degree
need not meet the minimum salary requirement. Also, teachers need not be certified or meet the
minimum salary requirement to qualify as learned professionals.
C. CREATIVE PROFESSIONAL EMPLOYEE. See: Department of Labor, Wage and
Hour Division, Fact Sheet #17D. Answer the following to determine whether a worker should
be classified as an exempt creative professional:
1. Is the employee’s primary duty to perform work requiring invention, originality or talent
in a recognized field of artistic endeavor such as music, writing, acting and the graphic arts?
Yes No Don’t Know
2. Does the work require more than intelligence, diligence and accuracy (i.e., does it require
“talent”)?