66 | Massachusetts Wage & Hour Peculiarities, 2025 ed. © 2025 Seyfarth Shaw LLP advancement, promotion, or any other change of status of other employees must be given particular weight.371 The following sections examine the necessary elements of the executive duties test to assist employers in correctly classifying employees as falling within this exemption. (1) Management Duties To qualify for the executive exemption, an employee’s primary duty must be “managing” other employees. Although the following list is not exhaustive, it provides examples of activities considered “management” duties for purposes of this exemption: Interviewing, selecting, and training employees Setting and adjusting rates of pay and hours of work Directing the work of employees Maintaining production or sales records for use in supervision or control of employees or the business Assessing an employee’s productivity and efficiency with the purpose of recommending promotions or other changes in status Handling employee complaints and grievances Disciplining employees Planning work Determining the techniques to be used in performing work Apportioning work among employees Determining the type of materials, supplies, machinery, equipment, or tools to be used or merchandise to be bought, stocked, and sold Controlling the flow and distribution of materials or merchandise and supplies Providing for the safety and security of the employees or the property Planning and controlling the budget 371 29 C.F.R. § 541.100.
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