Page 10 - White Paper- Wage and Hour Laws

Examples include “C-suite” executives as well as general managers. Be

careful, however- just because the word “manager” appears in the title does not

mean the employee is exempt if the supervisory parts of their job are secondary to

other duties that are not exempt. For example, there have been successful class

action suits against major retailers arguing that assistant store managers are not

exempt because they spend more of their time doing what non-exempt employees

do (i.e., stocking shelves, assisting customers, running the cash register) than they

do managing other employees.

“Administrative:”

• 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.

The administrative exemption is one of the more difficult to apply, as it does

not include the kinds of “bright line” tests found in the other two. In general, these

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