FLSA Overtime Security Advisor

Administrative Employees

Another requirement of the duties tests for exemption as an administrative employee is that the employee's primary duty includes the exercise of discretion and independent judgment regarding matters of significance. Exercising discretion and independent judgment generally involves comparing and evaluating possible courses of action, and having the authority to independently act or make a decision after the various possibilities have been considered, free from immediate direction or supervision. However, those decisions or recommendations for action may be subject to review at a higher level.

Clerical or secretarial work, recording or tabulating data, or performing other mechanical, repetitive, recurrent or routine work does not involve exercising discretion and independent judgment as required for the administrative exemption. The exercise of discretion and independent judgment also must be more than using skill in applying well-established techniques, procedures or specific standards described in manuals or other sources.
Learn more about the use of manuals.

Does the employee's primary duty include the exercise of discretion and independent judgment as described above?

Yes
No