78 | Massachusetts Wage & Hour Peculiarities, 2025 ed. © 2025 Seyfarth Shaw LLP the employer’s financial products (however, an employee whose primary duty is selling financial products does not qualify for this exemption)441 An employee who leads a team of other employees assigned to complete major projects for the employer, such a purchasing, selling, or closing all or part of the business; negotiating a real estate transaction or a collective bargaining agreement; or designing and implementing productivity improvements442 Purchasing agents who have the authority to bind the employer on significant purchases, even if they must consult with higher-level management officials when making a purchase commitment for raw materials in excess of the contemplated plant needs443 A buyer who evaluates reports on competitor prices in order to set the employer’s prices444 (5) Examples of Positions That Do Not Qualify for the Administrative Exemption The regulations also include examples of positions that generally do not meet the duties requirements for the administrative exemption: Comparison shopping performed by an employee of a retail store who merely reports to a buyer the prices at a competitor’s store445 Public sector inspectors or investigators of various types, such as fire prevention or safety, building or construction, and health or sanitation, because their work does not involve work directly related to the management or general business operations of the employer and because their work relies heavily on the routine application of skills and technical knowledge rather than the exercise of discretion and independent judgment446 Employees referred to as examiners or graders, such as lumber graders, whose work involves the comparison of products with established standards that are frequently catalogued447 441 29 C.F.R. § 541.203(b). 442 29 C.F.R. § 541.203(c). 443 29 C.F.R. § 541.203(f). 444 29 C.F.R. § 541.203(i). 445 Id. 446 29 C.F.R. § 541.203(j). 447 29 C.F.R. § 541.203(h).
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