Where, as here, it is undisputed that the employee in question earns more than $250 per week, the short test applies. See 29 C.F.R. § 541.1(f). Under the short test, [Defendant] must prove that: (1) plaintiff is paid on a salary basis; (2) plaintiff’s primary duty consists of the management of the employer’s enterprise, and (3) plaintiff’s job duties require him to customarily and regularly direct the work of two or more other full-time employees.

The IWC derived the duties which meet the test for the executive exemption from language in the federal regulation 29 C.F.R. § 541.1(a)- (d), with one important exception. The reference in 29 C.F.R. § 541.1(a) to the phrase “primary duty" is omitted because, as discussed above, that phrase refers to a federal test that provides less protection to employees. Instead section A(1) generally refers to managerial duties and responsibilities, while section A(5) sets forth California's "primarily engaged” requirement.

214(a); 820 ILCS 105/4a(2)(E); see Nettles v. Allstate Ins Co., ---N.E.2d---, No. 1-10-2247, 2012 WL 1956858, at *7-8 (Ill. App. 1 Ct. May 29, 2012) (holding that the “short test” for the administrative exemption applied to employees who made over $455 per week). The “short tests” set a lower standard for executive and administrative exemptions than the “long tests” set out at 29 C.F.R. § 541.1 and § 541.2.

1 at 2. Also, in referencing 29 C.F.R. § 541.1, the Attorney General includes “directing the work of employees,” “apportioning the work among employees” and “providing for the safety and security of the employees or the property” as examples of managers responsibilities. Id.

100 effective August 23, 2004, with former language 40 Fed. Reg. 7092 (Feb. 19, 1975) codified at then 29 CFR §541.1. The standard for the Administrative Exemption has remained unchanged and requires proof of the following two elements: "An employee (1) [w]hose primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer's customers; and (2) [w]hose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance."

An employee is exempt under the FLSA’s managerial exemption when the employee’s primary duty is managing the enterprise or one of its subdivisions and who customarily and regularly directs the work of two or more other employees. Baldwin v. Trailer Inns, Inc., 266 F.3d 1104, 1112 (9th Cir. 2001); 29 C.F.R. § 541.1. The STCs are responsible for supervising and training their group of STCs, and so the STCs meet the requirements for this exemption.

The former FLSA “short test” had an identical duties component to the Connecticut “short test.” See, e.g., Donovan v. Burger King Corp., 675 F.2d 516, 520 (2d Cir. 1982) (employees meeting the salary threshold of the “short test” are exempt under the executive exemption if their “primary duty consists of management of the enterprise or of a subdivision thereof and includes the customary and regular direction of the work of two or more employees” (internal punctuation omitted) (citing prior regulation 29 C.F.R. § 541.1(f)). “Under the current regulations, there is only one [“long”] test [under the FLSA].”

, Section I.A.1 n.3. (“The Attorney General will look to 29 C.F.R. 541.1 (defining the term executive) and relevant law for interpretive guidance to define the term ‘managerial responsibility.’”); see also Mouiny v. Commonwealth Flats Dev. Corp., No. 06-1115- BLS1, 2008 WL 6151486 (Mass. Super. Ct. Aug. 18, 2008).5 Under this analysis, courts consistently hold that employees with far more authority than shift supervisors do not qualify as managers who are exempt from the FLSA’s overtime requirements.

018. “The Commissioner will refer to 29 CFR §§541.1 and 541.2 to determine if an employee is employed in a bona fide executive or administrative capacity for the purposes of paragraph (e) of subsection 2 of NRS 608.

2 Prior to August 23, 2004, the “short test” included the following criteria: 1) the employee is paid a salary of more than $ 250 per week; 2) the employee’s primary duty is the management of the enterprise or a subdivision and 3) the employee regularly directs the work of two or more employees. 29 C.F.R. § 541.1(f) (1973). Case 5:06-cv-00568-XR Document 81 Filed 12/17/07 Page 5 of 19 6 I I I .