FLSA Overtime Security Advisor

Administrative Employees

Use of Manuals

Employees may still be considered to exercise discretion and independent judgment even if they use reference manuals, guidelines or other established procedures to address difficult or novel circumstances, for example, those relating to highly technical, scientific, legal, financial or other similarly complex matters that can be understood or interpreted only by those with advanced or specialized knowledge or skills. An employee who uses the information from such a manual in an analytical way may be considered to exercise discretion and independent judgment. In contrast, an employee who merely looks up information in a manual that provides specific directions on routine and recurring circumstances would not be exercising discretion and independent judgment.

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