FLSA Overtime Security Advisor

Administrative Employees

The discretion and independent judgment exercised by the employee must be regarding matters of significance when performing his or her primary duty. The term "matters of significance" refers to the level of importance or consequence of the work performed.

Examples of factors to consider in determining whether an employee is exercising discretion and independent judgment with respect to matters of significance include, but are not limited to, whether the employee:

• Has authority to formulate, affect, interpret or implement management policies or operating practices;
• Has the authority to waive or deviate from established policies or procedures without prior approval;
• Has authority to negotiate and bind the company on significant matters; and
• Provides consultation or expert advice to management.

Learn more about factors to consider in determining whether an employee is exercising discretion and independent judgment with respect to matters of significance.

Does the employee exercise discretion and independent judgment regarding matters of significance when performing his or her primary duty?

Yes
No