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Highly Compensated Executive Employee

Reference Number: MTAS-931
Reviewed Date: 09/23/2021

Employees who meet the four criteria below are bona fide highly compensated executive employees under DOL’s revised exemption regulations.

  • Is the employee’s total annual compensation at least $107,432?
  • Is the employee paid a minimum of $684 per week exclusive of board, lodging or other facilities?
  • Is the employee paid on a salary basis? With certain limited exceptions he or she must:
    • Experience no reduction in salary for variations in the quality and quantity of work;
    • Experience no deduction for partial-day absences; and
    • Receive each pay period a pre-determined amount constituting all or part of his or her compensation; or
    • Pay deductions are based on the principle of public accountability. 29 C.F.R. § 541.710
  • Does the employee regularly and customarily perform one or more exempt duties? 29 C.F.R. § 541.601