The employees are foreign nationals temporarily working in the U.S. receiving compensation both in the currency from their home country and in dollars. The employees meet the other requirements for exempt executive, administrative, or professional employees, but the dollar amount of their pay falls below the minimum salary requirement of $455 per week. The salary threshold is met when the amount is combined with the foreign currency using the applicable exchange rate at the time of payment, according to the opinion letter.

Purchasing Agents who ensure that materials, equipment, and supplies are ordered and delivered and participate in the vendor selection process are performing duties that directly relate to the functional areas of purchasing and procurement, which fall under the exempt administrative employee criteria, according to an opinion letter recently released by the U.S. Dept. of Labor. The Fair Labor Standards Act provides a minimum wage and overtime exemption for employees employed in a bona fide administrative capacity. In addition to the above duties, the DOL finds that the Purchasing Agents were minimally supervised, and carried out major assignments in conducting the operations of the business, including the authority to place purchase orders up to $25,000 without manager approval.

Deductions from bona fide bonus payments for bad checks or other cash shortages do not affect an employee’s exempt status, according to a recently released letter from the U.S. Dept. of Labor. The prohibition against improper deductions from an exempt employee’s guaranteed salary does not extend to additional compensation provided to the employee, the letter says.

Exempt employees who are taking leave under a state’s Leave Act (such as the Hawaii Family Leave Law) for reasons not covered by the federal Family and Medical Leave Act must be paid for partial day absences caused by the leave, according to a recently released U.S. Wage and Hour Division opinion letter. Companies may deduct for full day absences without jeopardizing the employee’s exempt status, and may also reduce the employee’s accrued paid leave balance to pay for the absences, says the letter.

Case managers employed by a service provider for individuals with disabilities do not qualify for the administrative exemption under the Fair Labor Standards Act, says the U.S. Wage and Hour Division. The primary duty of the case managers was to meet and work with consumers to gather information, assess each consumer’s needs and cost of care, prepare a plan of care, and to identify and implement services to meet the consumer’s needs. These activities were more related to providing the company’s ongoing, day-to-day case management services for its consumers rather than administrative functions directly related to managing the company’s business, notes the opinion letter.

Radiology technologists do not qualify for the professional exemption, says another Wage and Hour opinion letter. Both the primary duties and the requirement that an RT complete a two to three-year accredited radiology technology program do not appear to meet the regulatory standard of an exempt professional, the letter explains.