What Are Exempt Job Duties
Executive

Job duties are exempt executive job duties if the employee:

• (a) regularly supervises two or more other employees, and also
• (b) is, as a practical matter, "in charge" of a unit or subunit of the organization when on duty.

The supervision must be a regular, normal part of the job, and must be of two or more full-time employees (or enough part-timers to be the equivalent of two full-time employees). In addition, the employee must be "in charge" of a unit or subunit of the organization, such as a "department" or a "shift." This means that the employee is, as a practical matter, "the boss" of the unit or subunit when on duty.

Generally, only one person is in charge of a unit or subunit at any particular time. Thus, if an "assistant manager" is never on duty alone, but a "manager" is always on duty at the same time, then only the "manager" is in charge and the "assistant manager" is not. For this reason, a number of assistant managers are not exempt employees and should be paid for the overtime they work.

An employee who holds a fancy title implying that he or she is "the boss" but who does not in fact supervise two or more employees or who is not really "in charge" when on duty is not performing executive job duties. Thus, for example, a "manager" who does a purely production job but has a "manager" title is not performing executive job duties.

If you feel that you have been misclassified as an exempt executive employee and would like to discuss the matter with an attorney, please contact us or fill out our questionnaire and we will call you.