© 2025 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2025 ed. | 75 exercise of “discretion and independent judgment” with respect to matters of significance.423 The exercise of discretion and independent judgment generally involves comparing and evaluating several possible courses of conduct and making a decision after the various possibilities have been considered.424 The regulations specify that determining whether an employee meets this requirement is fact-specific and must be examined on a case-by-case basis.425 Factors to consider in making this determination include whether the employee: Has authority to formulate, affect, interpret, or implement management policies or operating practices Carries out major assignments in conducting the operations of the business Performs work that affects business operations to a substantial degree, even if the employee’s assignments are related to operation of a particular segment of the business Has authority to commit the employer in matters that have significant financial impact Has authority to waive or deviate from established policies and procedures without prior approval Has authority to negotiate and bind the company on significant matters Provides consultation or expert advice to management Is involved in planning long-term or short-term business objectives Investigates and resolves matters of significance on behalf of management Represents the company in handling complaints, arbitrating disputes, or resolving grievances426 423 29 C.F.R. § 541.202(a); Cash, 508 F.3d at 686; Tam v. Fed. Mgmt. Co., 99 Mass. App. Ct. 41, 43 (2021) (concluding that property manager for landlord was exempt administrative employee where undisputed evidence showed that she oversaw all dayto-day operations of the property, including maintenance and repairs, as well as managing staff and monitoring subcontractors). 424 Id.; Crowe, 136 F. Supp. 3d at 42 (position required independent discretion and judgment because clinical quality assurance coordinators could independently determine whether a reviewing physicians rationale was well-supported and recommend alternative determinations). 425 29 C.F.R. § 541.202(b). The District Court of Massachusetts granted a motion for summary judgment in favor of the employer because the employee’s poor performance was the reason she did not exercise the judgment and discretion that the position required. DiBlasi v. Liberty Mut. Grp Inc., Civ. NO. 12-10967-RGS, 2014 WL 1331056, *9 (D. Mass. Apr. 3, 2014). 426 29 C.F.R. § 541.202(b).
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