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August 17, 2010
Duties Tests and Exemption Checklists in Your Organization

Allen Kato discuss the duties test in a BLR webinar entitled ‘High-Tech Workers: Who’s Entitled to Overtime and Who’s Not; Avoid the Top 5 Most Common Mistakes’. He explains the use the job description for duties test, i.e. there are several types of exemptions, each with different duties test. One type is at the executive level:

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  • Primary duty must be managing the enterprise, or recognized department thereof
  • Must regularly supervise at least two full-time equivalent employees (‘FTE’)
  • Must have the authority to hire or fire employees, or the manager’s suggestions and recommendations must be given particular weight

Another duties test is the administrative duties test:

  • Primary duty must be to perform office or non-manual work directly related to the management or general business operations of the employer or customers
  • Must include exercise of discretion and independent judgment with respect to matters of significance
    • Allen M. Kato, Esq., is an attorney in the San Francisco, California office of law firm Fenwick & West, LLP (www.fenwick.com). His practice concentrates exclusively on representing management in wage and hour, equal employment opportunity, unfair competition and trade secret matters, and privacy matters; and litigating individual and class action wage and hour, wrongful discharge, employment discrimination, and unfair competition matters before courts and agencies. He also trains managers and HR professionals on a regular basis.

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