Migrant Outreach Workers/Coordinators Exempt?

This person will coordinate farm worker outreach activities and will serve as liaison between workers and clinical and social support service organizations. Coordinates healthcare outreach services and transports patients to clinics.
Would you say this person is exempt from OT?

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  • Do they fit one of the following tests? (from the DOL)

    "Executive Exemption

    To qualify for the executive employee exemption, all of the following tests must be met:

    The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less than $455 per week;
    The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;
    The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and
    The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.

    Administrative Exemption

    To qualify for the administrative employee exemption, all of the following tests must be met:

    The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;
    The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and
    The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance. "

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