In rare instances, the manager would spend one day, for at most eight hours, “working the drive” in another station and then return to manage the primary station all other times of the week.Under 29 C.F.R. § 541.100(a), the term “employee employed in a bona fide executive capacity” is defined as “any employee”:(1) Compensated on a salary basis at a rate of not less than $455 per week . . . ;(2) Whose primary duty is management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof;(3) Who customarily and regularly directs the work of two or more other employees; and(4) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight.Management, as discussed in 29 C.F.R. § 541.102, generally:includes, but is not limited to, activities such as interviewing, selecting, and training of employees; setting and adjusting their rates of pay and hours of work; directing the work of employees; maintaining production or sales records for use in supervision or control; appraising employees’ productivity and efficiency for the purpose of recommending promotions or other changes in status; handling employee complaints and grievances; disciplining employees; planning the work; determining the techniques to be used; apportioning the work among the employees; determining the type of materials, supplies, machinery, equipment or tools to be used or merchandise to be bought, stocked and sold; controlling the flow and distribution of materials or merchandise and supplies; providing for the safety and security of the employees or property; planning and controlling the budget; and monitoring or implementing legal compliance measures.As discussed in 29 C.F.R. § 541.700(a), in order:[

In rare instances, the manager would spend one day, for at most eight hours, “working the drive” in another station and then return to manage the primary station all other times of the week.Under 29 C.F.R. § 541.100(a), the term “employee employed in a bona fide executive capacity” is defined as “any employee”:(1) Compensated on a salary basis at a rate of not less than $455 per week . . . ;(2) Whose primary duty is management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof;(3) Who customarily and regularly directs the work of two or more other employees; and(4) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight.Management, as discussed in 29 C.F.R. § 541.102, generally:includes, but is not limited to, activities such as interviewing, selecting, and training of employees; setting and adjusting their rates of pay and hours of work; directing the work of employees; maintaining production or sales records for use in supervision or control; appraising employees’ productivity and efficiency for the purpose of recommending promotions or other changes in status; handling employee complaints and grievances; disciplining employees; planning the work; determining the techniques to be used; apportioning the work among the employees; determining the type of materials, supplies, machinery, equipment or tools to be used or merchandise to be bought, stocked and sold; controlling the flow and distribution of materials or merchandise and supplies; providing for the safety and security of the employees or property; planning and controlling the budget; and monitoring or implementing legal compliance measures.As discussed in 29 C.F.R. § 541.700(a), in order:[

n an executive capacity", and therefore, exempt from overtime, if:(a) [his/her] duties and responsibilities involve the management of the enterprise in which he/she is employed or of a customarily recognized department or subdivision thereof; and(b) [he/she] customarily and regularly directs the work of two or more other employees therein; and(c) [he/she] has the authority to hire or fire other employees or [his/her] suggestions and recommendations as to the hiring and firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and(d) [he/she] customarily and regularly exercises discretion and independent judgment; and(e) [he/she] is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt work and non-exempt work shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor Standards Act effective as of [June 30, 2000]: 29 C.F.R. Sections 541.102, 541.104-111, and 541.115-116. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for carrying out exempt functions.

ively, should there be a limitation on the amount of nonexempt work? To what extent are exempt lower-level executive employees performing nonexempt work? Proposal p. 96.2Exempt work is defined in the regulations. See 29 CFR 541.702. For a manager, exempt work is one (a) whose primary duty is management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof; (b) who customarily and regularly directs the work of two or more other employees; and (c) who has authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight. See 29 CFR 541.100. Management includes activities such as interviewing, selecting and training employees, setting rates of pay and hours of work, directing the work of employees, maintaining production or sales records for use in supervision or control, and the like. 29 CFR 541.102. All other work is nonexempt work. 29 CFR 541.702.3Historically, the short test salary level was set at approximately 130 to 180 percent of the long duties test salary level. Proposal p. 58.4Comments may be submitted to Mary Ziegler, Director of Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U. S. Department of Labor, Room S-3502, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Please see the Proposal at page 2 on how to make electronic comments. Also, please note (a) that RIN 1235-AA11 and U.S. Department of Labor, Wage and Hour Division must be placed on all comments; and (b) all comments must be received by 11:59 p.m. on September 4, 2015. For more information please refer to the Proposal at page 2.

Those activities, in no particular order, consisted of: running the service department of fifteen to twenty-five employees; interviewing potential service technicians; making recommendations regarding employee’s pay and position; directing the work of other employees; changing employees’ duties if necessary; communicating with the employees on a daily basis; traveling to the Miami office to ensure the employees there were “being on point like they were supposed to”; appraising employees’ productivity and efficiency; disciplining employees (although he never actually fired anyone); and apportioning work among his employees. In response to the plaintiff’s furtive attempt to remind the court that he did not perform all of the various duties listed under 29 C.F.R. § 541.102, the court reiterated what many courts have stated before: One does not have to perform all of the duties, and that the list is intended to provide examples.More important for employers everywhere, however, is what the court considered next: Like a left-handed pinch hitter only called up to face a right handed pitcher late in the game, the plaintiff claimed that he only spent ten to twenty percent of his time performing the managerial work.

If the Chief Pilot is, in fact, actually in charge of managing a recognized unit w ith a permanent status and a continuing function in the employer’s organization as discussed in 29 C.F.R. § 541.103 and otherwise meets the primary duty requirement of “management” ( see 29 C.F.R. § 541.102 ), the Chief Pilot may be eligible for the executive exemption. We also do not have sufficient information to determine if the Chief Pilot is an employee “[w]ho has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular we ight.”

If the Chief Pilot is, in fact, actually in charge of managing a recognized unit with a permanent status and a continuing function in the employer’s organization as discussed in 29 C.F.R. § 541.103and otherwise meets the primary duty requirement of “management” (see29 C.F.R. § 541.102), the Chief Pilot may be eligible for the executive exemption.We also do not have sufficient information to determine if the Chief Pilot is an employee “[w]ho has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight.” 29 C.F.R. §§ 541.

n-exhaustive list illustrating the type of activities constituting “management,” including:activities such as interviewing, selecting, and training of employees; setting and adjusting their rates of pay and hours of work; directing the work of employees; maintaining production or sales records for use in supervision or control; appraising employees’ productivity and efficiency for the purpose of recommending promotions or other changes in status; handling employee complaints and grievances; disciplining employees; planning the work; determining the techniques to be used; apportioning the work among the employees; determining the type of materials, supplies, machinery, equipment or tools to be used or merchandise to be bought, stocked and sold; controlling the flow and distribution of materials or merchandise and supplies; providing for the safety and security of the employees or the property; planning and controlling the budget; and monitoring or implementing legal compliance measures.29 C.F.R. § 541.102. The project superintendent’s duties, as you describe them, are included in the type of activities constituting “management” within the meaning of the regulations.Under 29 C.F.R. § 541.

-exhaustive list illustrating the type of activities constituting “management,” including:activities such as interviewing, selecting, and training of employees; setting and adjusting their rates of pay and hours of work; directing the work of employees; maintaining production or sales records for use in supervision or control; appraising employees’ productivity and efficiency for the purpose of recommending promotions or other changes in status; handling employee complaints and grievances; disciplining employees; planning the work; determining the techniques to be used; apportioning the work among the employees; determining the type of materials, supplies, machinery, equipment or tools to be used or merchandise to be bought, stocked and sold; controlling the flow and distribution of materials or merchandise and supplies; providing for the safety and security of the employees or the property; planning and controlling the budget; and monitoring or implementing legal compliance measures. 29 C.F.R. §541.102. The project superintendent’s duties, as you describe them, are included in the type of activities constituting “management” within the meaning of the regulations.Under 29 C.F.R. § 541.

19;Hultgren v. County of Lancaster, Nebraska, 913 F.2d 498, 507 (8th Cir. 1990).We trust that the above is responsive to your inquiry.Sincerely,Alfred B. Robinson, Jr.Deputy AdministratorEnclosures: 29 C.F.R. 541.102, .106., .70368 Fed. Reg.