© 2025 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2025 ed. | 73 Quality control Purchasing Procurement Advertising Marketing Research Safety and health Personnel management Human resources Employee benefits Labor relations Public relations Government relations Computer networks Internet and database administration Legal and regulatory compliance414 While an employee may perform some sales or production work and still be considered an administrative employee, his or her “primary duty” must be office or non-manual work as described above. The term “primary duty” is defined as “the principal, main, major or most important duty that the employee performs.”415 Determination of an employee’s primary duty is based on all the facts in a particular case with the primary emphasis on the overall character of the employee’s job.416 414 29 C.F.R. § 541.201(b); DOL Wage & Hour Fact Sheet #17C (July 2008). 415 29 C.F.R. § 541.700(a); DOL Wage & Hour Fact Sheet #17C (July 2008). 416 29 C.F.R. § 541.700(a); DOL Wage & Hour Fact Sheet #17C (July 2008).
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