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

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