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The regulations list
a number of factors to consider in determining whether an employee exercises
discretion and independent judgment with respect to matters of
significance. These factors (listed on
the next three slides) include, but are not limited to, whether the employee:
has authority to formulate, affect, interpret, or implement management
policies or operating practices; carries out major assignments in conducting
the operations of the business; performs work that affects business
operations to a substantial degree; has authority to commit the employer in
matters that have significant financial impact; has authority to waive or
deviate from established policies and procedures, without prior approval; has
authority to negotiate and bind the company on significant matters; provides
consultation or expert advice to management; is involved in planning long- or
short-term business objectives; investigates and resolves matters of
significance on behalf of management; and whether the employee represents the
company in handling complaints, arbitrating disputes or resolving grievances.
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Whether the employee has authority to
formulate, affect, interpret, or implement management policies or
operating practices