© 2025 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2025 ed. | 77 experience financial losses if the employee fails to perform the job properly.434 For example, a messenger entrusted with carrying large sums of money does not exercise discretion and independent judgment with respect to matters of significance even though serious consequences may occur if the employee is neglectful in performing his or her duties.435 Similarly, an employee who operates very expensive equipment does not meet this requirement simply because improper performance of his or her duties may cause significant financial loss to the employer.436 Conversely, one court found that employees of a nightclub operator, who were charged with ensuring that their employer’s venues were properly maintained and who managed relationships with liquor vendors, exercised independent judgment in matters of significance.437 Similarly, the Massachusetts Appeals Court affirmed summary judgment for the employer, a residential landlord, where the plaintiff—a property manager— oversaw all of the day-to-day operations of the property, including maintenance and repair staff, managed staff, and monitored subcontractors performing work at the properties.438 In addition, employees with authority to make recommendations as to the pricing and structure of contracts for lease of medical devices were found to exercise independent judgment in matters of significance.439 (4) Examples of Positions That Qualify for the Administrative Exemption The regulations provide several specific examples of positions that generally qualify for the administrative exemption, including the following: Insurance claims adjusters, if their duties include activities such as interviewing clients, witnesses, and physicians; inspecting property damage; reviewing factual information to prepare damage estimates; evaluating and making recommendations regarding coverage of claims; determining liability and total value of a claim; negotiating settlements; and making recommendations regarding litigation440 Employees in the financial services industry, if their primary duties include non-salesoriented work, such as collecting and analyzing information regarding customers’ income and investments; determining which financial products best meet customers’ needs and financial circumstances; advising customers regarding the advantages and disadvantages of different financial products; and marketing, servicing, or promoting 434 Id. 435 Id. 436 Id. 437 See McKee v. CBF Corp., 299 F. App’x 426, 2008 WL 4910671 (5th Cir. 2008). 438 See Tam, 99 Mass. App. Ct. at 43-44. 439 See Reich v. Haemonetics Corp., 907 F. Supp. 512, 517 (D. Mass. 1995). 440 29 C.F.R. § 541.203(a).
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