Minnesota Administrative Rules
Agency 151 - Labor and Industry Department
Chapter 5200 - WAGES AND LABOR
Part 5200.0190 - EXECUTIVE TESTS

Universal Citation: MN Rules 5200.0190

Current through Register Vol. 48, No. 39, March 25, 2024

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

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