Concurrent Duties
•Concurrent performance of exempt and nonexempt work does not automatically disqualify an employee from exemption
•Exempt executives generally decide when to perform nonexempt duties and remain responsible for the success or failure of business operations
•Nonexempt employees generally are directed by a supervisor to perform the exempt work or perform the exempt work for defined time periods
A common question that arises under the executive exemption is how to classify employees who perform both exempt management duties and nonexempt duties.  The regulations state that a manager who performs both exempt and nonexempt work at the same time is not automatically disqualified from the executive exemption.  Generally, the exempt executives themselves make the decision regarding when to perform nonexempt duties.  In contrast, the nonexempt employee generally is directed by a supervisor to perform the exempt work or performs the exempt work for defined time periods.   For example, if an assistant manager’s primary duty is management, performing work such as serving customers, cooking food, stocking shelves and cleaning the establishment does not preclude the exemption.  An assistant manager can supervise employees and serve customers at the same time without losing the exemption.  In contrast, a relief supervisor or working supervisor whose primary duty is performing nonexempt work on the production line in a manufacturing plant does not become exempt merely because he occasionally has some responsibility for directing the work of other nonexempt production line employees when, for example, the exempt supervisor is on vacation.