Minnesota Administrative Rules

5200.0190 EXECUTIVE TESTS.

Subpart 1.

Executive test I.

Executive test I:

A.

receives at least $250 per week in salary;

B.

manages the enterprise by which the person is employed or a recognized department or subdivision thereof; and

C.

customarily directs the work of two or more other employees.

Subp. 2.

Executive test II.

Executive test II:

A.

receives at least $155 per week in salary;

B.

manages and supervises a department of at least two other full-time people (a full-time employee is defined as one who works at least 35 hours in a workweek);

C.

has authority to hire or fire or suggest changes in employees' status;

D.

regularly exercises discretionary powers; and

E.

either:

(1)

devotes less than 20 percent of time worked, or 40 percent in retail or service establishments, to nonexempt work;

(2)

owns 20 percent or more of the business; or

(3)

has sole charge of an independent or branch establishment.

Statutory Authority:

MS s 177.28

History:

17 SR 1279

Published Electronically:

June 11, 2008