Introduction to the Fair Labor Standards Act (FLSA)

a. Executive Employees To qualify for the executive employee exemption, the employee must:

 Have a primary duty of managing the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof;  Customarily and regularly direct the work of two or more other employees (or the equivalent of two or more full-time employees); and  Have the authority to hire or fire other employees or have particular weight given to suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees. 130

Examples of Executive Duties:

In general, the following work is considered to be “management” of the enterprise and, therefore, exempt:

 Interviewing, selecting, training and evaluating the performance of employees;

 Setting and adjusting employees’ rates of pay and hours of work;

 Directing and planning the work of employees, including determining the techniques to be used by the employees;

 Maintaining production or sales records for use in supervision or control;

 Handling employee complaints and grievances;



Disciplining employees;

 Apportioning the work among employees;

 Determining the type of materials, supplies, machinery or tools to be used or merchandise to be bought, stocked or sold;  Controlling the flow and distribution of materials or merchandise and supplies; or

 Providing for the safety of the employees or the employer’s property. 131

Introduction to the Fair Labor Standards Act (FLSA) ©2020 (s) Liebert Cassidy Whitmore 28