Page 47 - Microsoft Word - Updated Book Draft 2 23 2017 (1)

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

43| Rules of the Road