Employment and Labor Laws

Fair Labor Standards Act

Exemptions

Particular Weight

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


Employment Law Updates

Laws change in a moment.

Sign up to stay informed.

Visiting on behalf of:

Have employees in more than one state? SUBSCRIBE HERE!

THANK YOU FOR SUBSCRIBING!

Please visit your email to confirm your subscription so you can start receiving employment law updates.

Employment Law Updates

Laws change in a moment.

Sign up to stay informed.

Visiting on behalf of:

Have employees in more than one state? SUBSCRIBE HERE!

THANK YOU FOR SUBSCRIBING!

Please visit your email to confirm your subscription so you can start receiving employment law updates.