|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.