Comment Re:the problem is... (Score 5, Informative) 106
If an employee does not meet even one of the criteria, he or she is not exempt (non-exempt) from the provisions of the law..... Exempt Professional Employees are those employed in a bona fide professional capacity whose primary work requires knowledge of an advanced type in a field of science or learning customarily acquired through a prolonged course of intellectual instruction and study, as distinguished from a general academic education and from training in the performance of routine mental, manual or physical processes;
and/or work that is original and creative in character in a recognized field;
and whose work requires discretion or judgment in its performance; and work which is predominantly intellectual and varied in character and is of such character that the output produced cannot be standardized in relation to a given period of time;
and who does not devote more than 20% of his time to nonexempt activities;
and who is compensated at the rate of $1,150 a month.