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Content Last Revised: 4/23/04
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CFR  

Code of Federal Regulations Pertaining to ESA

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Title 29  

Labor

 

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Chapter V  

Wage and Hour Division, Department of Labor

 

 

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Part 541  

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Computer and Outside Sales Employees

 

 

 

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Subpart B  

Executive Employees


29CFR541.105 - Particular weight.

  • Section Number: 541.105
  • Section Name: Particular weight.

    To determine whether an employee's suggestions and recommendations 
are given ``particular weight,'' factors to be considered include, but 
are not limited to, whether it is part of the employee's job duties to 
make such suggestions and recommendations; the frequency with which 
such suggestions and recommendations are made or requested; and the 
frequency with which the employee's suggestions and recommendations are 
relied upon. Generally, an executive's suggestions and recommendations 
must pertain to employees whom the executive customarily and regularly 
directs. It does not include an occasional suggestion with regard to 
the change in status of a co-worker. An employee's suggestions and 
recommendations may still be deemed to have ``particular weight'' even 
if a higher level manager's recommendation has more importance and even 
if the employee does not have authority to make the ultimate decision 
as to the employee's change in status.
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