DWD 274.04(1)(a)(a) “Executive” means an employee employed in a bona fide executive capacity who meets the following criteria:
DWD 274.04(1)(a)1.1. Whose primary duty consists of the management of the enterprise in which they are employed or of a customarily recognized department of subdivision thereof; and
DWD 274.04(1)(a)2.2. Who customarily and regularly directs the work of 2 or more other employees therein; and
DWD 274.04(1)(a)3.3. Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and
DWD 274.04(1)(a)4.4. Who customarily and regularly exercises discretionary powers; and
DWD 274.04(1)(a)5.5. Who does not devote more than 20%, or in the case of an employee of a retail or service establishment who does not devote as much as 40%, of their hours of work in the workweek of activities which are not directly and closely related to the performance of the work described in subds. 1. through 4. provided, that this paragraph shall not apply in the case of an employee who is in sole charge of an independent establishment or a physically separated branch establishment, or who owns at least a 20% interest in the enterprise in which he is employed; and
DWD 274.04(1)(a)6.6. Who is compensated for their services on a salary basis at a rate of not less than $700 per month.
DWD 274.04(1)(b)(b) “Administrative” means an employee employed in a bona fide administrative capacity who meets the following criteria:
DWD 274.04(1)(b)1.1. Whose primary duty consists of the performance of office or nonmanual work directly related to management policies or general business operations of their employer or their employer’s customers, or
DWD 274.04(1)(b)2.2. Who customarily and regularly exercises discretion and independent judgment; and
DWD 274.04(1)(b)3.3.
DWD 274.04(1)(b)3.a.a. Who regularly and directly assists a proprietor, or an employee employed in a bona fide executive or administrative capacity; or
DWD 274.04(1)(b)3.b.b. Who performs under only general supervision work along specialized or technical lines requiring special training, experience, or knowledge, or
DWD 274.04(1)(b)3.c.c. Who executes under only general supervision special assignments and tasks; and
DWD 274.04(1)(b)4.4. Who does not devote more than 20%, or in the case of an employee of a retail or service establishment who does not devote as much as 40%, of their hours worked in the workweek to activities which are not directly and closely related to the performance of the work described in subds. 1. through 3.; and
DWD 274.04(1)(b)5.5. Who is compensated for their services on a salary or fee basis at a rate of not less than $700 per month.
DWD 274.04(1)(c)(c) “Professional” means an employee employed in a bona fide professional capacity who meets the following criteria:
DWD 274.04(1)(c)1.1. Whose primary duty consists of the performance of:
DWD 274.04(1)(c)1.a.a. Work requiring knowledge of an advance type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study, as distinguished from a general academic education and from an apprenticeship, and from training in the performance of routine mental, manual, or physical processes, or
DWD 274.04(1)(c)1.b.b. Work that is original and creative in character in a recognized field of artistic endeavor (as opposed to work which can be produced by a person endowed with general manual or intellectual ability and training), and the result of which depends primarily on the invention, imagination, or talent of the employee, or
DWD 274.04(1)(c)2.2. Whose work requires the consistent exercise of discretion and judgment in its performance; and
DWD 274.04(1)(c)3.3. Whose work is predominantly intellectual and varied in character (as opposed to routine mental, manual, mechanical or physical work) and is of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and
DWD 274.04(1)(c)4.4. Who does not devote more than 20% of their hours worked in the workweek to activities which are not an essential part of and necessarily incidental to the work described in subs. (1) through (3); and
DWD 274.04(1)(c)5.5. Who is compensated for services on a salary or fee basis at a rate of not less than $750 per month.
DWD 274.04(2)(2)An employee who meets all of the following conditions:
DWD 274.04(2)(a)(a) The employee’s primary duty, as determined under 29 CFR 541.500 (b), is any of the following:
DWD 274.04(2)(a)1.1. Making sales, as defined under 29 USC 203 (k).
DWD 274.04(2)(a)2.2. Obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer.
DWD 274.04(2)(b)(b) The employee is customarily and regularly engaged away from the employer’s place of business, as described under 29 CFR 541.502, in performing the employee’s primary duty described under par. (a).