29 C.F.R. § 4.156   Employees in bona fide executive, administrative, or professional capacity.


Title 29 - Labor


Title 29: Labor
PART 4—LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS
Subpart C—Application of the McNamara-O'Hara Service Contract Act
Employees Covered by the Act

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§ 4.156   Employees in bona fide executive, administrative, or professional capacity.

The term service employee as defined in section 8(b) of the Act does not include persons employed in a bona fide executive, administrative, or professional capacity as those terms are defined in 29 CFR part 541. Employees within the definition of service employee who are employed in an executive, administrative, or professional capacity are not excluded from coverage, however, even though they are highly paid, if they fail to meet the tests set forth in 29 CFR part 541. Thus, such employees as laboratory technicians, draftsmen, and air ambulance pilots, though they require a high level of skill to perform their duties and may meet the salary requirements of the regulations in part 541 of this title, are ordinarily covered by the Act's provisions because they do not typically meet the other requirements of those regulations.

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