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

92 | Massachusetts Wage & Hour Peculiarities, 2022 ed. © 2022 Seyfarth Shaw LLP 3. The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent (e.g., four half-time employees). 4. The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees must be given particular weight. 503 The following sections examine the necessary elements of the executive duties test to assist employers in correctly classifying employees as falling within this exemption. (1) Management Duties To qualify for the executive exemption, an employee’s primary duty must be “managing” other employees. Although the following list is not exhaustive, it provides examples of activities considered “management” duties for purposes of this exemption: • Interviewing, selecting, and training employees • Setting and adjusting rates of pay and hours of work • Directing the work of employees • Maintaining production or sales records for use in supervision or control of employees or the business • Assessing an employee’s productivity and efficiency with the purpose of recommending promotions or other changes in status • Handling employee complaints and grievances • Disciplining employees • Planning work • Determining the techniques to be used in performing work • Apportioning work among employees • Determining the type of materials, supplies, machinery, equipment, or tools to be used or merchandise to be bought, stocked, and sold 503 29 C.F.R. § 541.100.