§ 231.82. Executive.

 Employment in a bona fide executive capacity means work by an individual:

   (1)  Whose primary duty consists of the management of the enterprise in which he is employed or of a customarily recognized department or subdivision.

   (2)  Who customarily and regularly directs the work of two or more other employees.

   (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.

   (4)  Who customarily and regularly exercises discretionary powers.

   (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 his hours of work in the workweek to activities which are not directly and closely related to the performance of the work described in paragraphs (1)—(4), provided that this paragraph may 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 20% interest in the enterprise in which he is employed.

   (6)  Who is compensated for his services on a salary basis at a rate of not less than $155 per week, exclusive of board, lodging or other facilities, provided that an employee who is compensated on a salary basis at a rate of not less than $250 per week, exclusive of board, lodging or other facilities, and whose primary duty consists of the management of the enterprise in which he is employed or of a customarily recognized department or subdivision thereof, and includes the customary and regular direction of the work of two or more other employees therein shall be deemed to meet all the requirements of this section.

   This section cited in 34 Pa. Code §  231.81 (relating to definitions).