1.  An elected officer or an employee in the unclassified service who is on the personal staff of an elected officer, an appointed head of a department or division who serves at the pleasure or discretion of an elected officer or an executive, administrative or professional employee within the meaning of the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq.:

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(a) Must be paid on a salary basis, within a maximum amount established by law;

(b) Except as otherwise provided in subsection 4, is not entitled to compensation for overtime; and

(c) Is not subject to disciplinary suspensions for less than 1 week.

2.  An employee in the classified service who is an executive, administrative or professional employee within the meaning of the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., and who is either a head of a department, division or bureau, or a doctoral level professional:

(a) Must be paid on a salary basis;

(b) Is not entitled to compensation for overtime; and

(c) Is not subject to disciplinary suspensions for less than 1 week.

3.  Unless otherwise specified by statute, the Division shall determine which positions in the classified and unclassified service are subject to the provisions of this section.

4.  An employee in the unclassified service of the Budget Division of the Office of Finance is entitled to compensation for overtime performed when the employee is doing work relating to the preparation of the executive budget report or the proposed budget for the Executive Department of the State Government during the period beginning on September 1 of an even-numbered year and ending on January 31 of the following year.