Mass-Peculiarities: An Employers Guide to Wage & Hour Law in the Bay State 2022 Edition

© 2022 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2022 ed. | 103 regarding coverage of claims; determining liability and total value of a claim; negotiating settlements; and making recommendations regarding litigatio n 568 • Employees in the financial services industry, if their primary duties include non-sales- oriented work, such as collecting and analyzing information regarding customers’ income and investments; determining which financial products best meet customers’ needs and financial circumstances; advising customers regarding the advantages and disadvantages of different financial products; and marketing, servicing, or promoting the employer’s financial products (however, an employee whose primary duty is selling financial products does not qualify for this exemption ) 569 • An employee who leads a team of other employees assigned to complete major projects for the employer, such a purchasing, selling, or closing all or part of the business; negotiating a real estate transaction or a collective bargaining agreement; or designing and implementing productivity improvements 570 • Purchasing agents who have the authority to bind the employer on significant purchases, even if they must consult with higher-level management officials when making a purchase commitment for raw materials in excess of the contemplated plant needs 571 • A buyer who evaluates reports on competitor prices in order to set the employer’s prices 572 (5) Examples of Positions That Do Not Qualify for the Administrative Exemption The regulations also include examples of positions that generally do not meet the duties requirements for the administrative exemption: • Comparison shopping performed by an employee of a retail store who merely reports to a buyer the prices at a competitor’s store 573 • Public sector inspectors or investigators of various types, such as fire prevention or safety, building or construction, and health or sanitation, because their work does not involve work directly related to the management or general business operations of the employer and because their work relies heavily on the routine application of skills and 568 29 C.F.R. § 541.203(a). 569 29 C.F.R. § 541.203(b). 570 29 C.F.R. § 541.203(c). 571 29 C.F.R. § 541.203(f). 572 29 C.F.R. § 541.203(i). 573 Id.