CFR |
Code of Federal Regulations Pertaining to ESA |
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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 |
- 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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