['Compensation']
['Exemptions from Overtime/Minimum Wage']
10/15/2024
...
In many cases, yes. To qualify as exempt, a manager must supervise two or more full-time employees, have the authority to make hiring and firing decisions, and have “management” as a primary duty (assigning work, evaluating performance, and so on). A manager can meet these requirements while assisting employees in their work.
The federal regulations include a “concurrent duties” provision and give an example that a retail store manager “can supervise employees and serve customers at the same time without losing the exemption” or could “simultaneously direct the work of other employees and stock shelves.”
Even if the concurrent duties rule does not apply, the manager might still be exempt under a combination exemption, particularly if the employees being supervised are also exempt.
For example, an engineer may qualify under the learned professional exemption, then be promoted to a supervisory position. If this individual performs a combination of exempt executive (supervisory) work and exempt engineering work, the primary duties would still consist of exempt work.
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