Particular Weight – Executive Employee Exemption
Factors to consider when determining if a supervisor’s suggestions are given “particular weight” for purposes of the executive employee exemption under the Fair Labor Standards Act (FLSA) include, but are not limited to:
- whether it is part of the supervisor’s job duties to make such suggestions and recommendations;
- the frequency with which such suggestions and recommendations are made or requested;
- the frequency with which the supervisor’s suggestions and recommendations are relied upon; and
- whether the supervisor’s suggestions and recommendations pertain to employees whom they customarily and regularly directs.
A supervisor’s suggestions and recommendations may still the”particular weight” standard even if a higher level manager’s suggestions and recommendations are given more weight and even if the supervisor lacks the authority to make the ultimate decision. 29 CFR 541.105
Related Topics
- Combination Exemptions
- Concurrent Duties
- Customarily and Regularly
- Department or Subdivision
- Directly and Closely Related
- Emergencies
- Fee Basis
- FLSA Exemptions Summary
- Management Duties
- Occasional Nonexempt Tasks
- Particular Weight
- Primary Duty
- Salary Basis
- Trainees
- Two or More Full-Time Employees
