Meshing traditional governmental pay systems with the requirements of the salary test so that otherwise qualified employees remain exempt has generated numerous cases. However, if according to the pay system in place, there is a significant likelihood that an employee may be subject to docking for disciplinary absences, then entire classes of employees may be determined to be non-exempt, regardless of their duties. There can be additional compensation, e.g. commissions. Primary duty must consist of non-manual work directly related to management policies or general business operations and includes work requiring exercise of discretion and independent judgment. Teachers are specifically stated to be included in this category.
Emphasis is on discretion and judgment.
Skill and experience do not substitute, so many valuable employees may act independently based on their skills and knowledge of the employer s rules, without having the authority to exercise independent judgement and therefore without being administrative employees. Professional someone who is required to exercise discretion and judgment and Primary work requires advanced knowledge typically obtained through a 4-year degree program in a recognized learned profession. Numerous other specifically exempts classes, e.g. outside sales. Listed in 29 U.S.C. sec. Issues include sub-minimum pay for handicapped, some students, and for training wages.