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The phrase
“customarily and regularly” means a frequency that must be greater than
occasional but which may be less than constant. Tasks or work performed “customarily and
regularly” include work normally and recurrently performed every workweek; it
does not include isolated or one-time tasks.
Thus, normally, an exempt executive employee must direct the work of
other employees at least once a week, but not every day. Also, an exempt executive will not lose the
exemption if an occasional week passes during which the executive does not
give direct instructions to a subordinate.
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