Was your "primary duty" the performance of office or non-manual work "directly related to the management or general business operations" of the employer which included the exercise of "discretion and independent judgment" with respect to "matters of significance."

Yes

No

NOTE: Secretaries, Paralegals, Assistants, and any other position which are not "back office" type jobs are generally considered production work and you should answer NO.

NOTE: Clerical, Data Entry, and other support staff generally do NOT have the requisite exercise of "discretion and independent judgment" with respect to "matters of significance" and you should answer NO.

"Primary Duty" means the principal, main, major or most important duty that the employee performs.  As a rule of thumb, the duty that required 50% or more of your time is generally your "primary duty" in most instances.

"Directly Related to Management or General Business Operations" To meet the “directly related to management or general business operations” requirement, an employee must perform work directly related to assisting with the running or servicing of the business, as distinguished, for example from working on a manufacturing production line or selling a product in a retail or service establishment.  Work “directly related to management or general business operations” includes, but is not limited to, work in functional areas such as tax; finance; accounting; budgeting; auditing; insurance; quality control; purchasing; procurement; advertising; marketing; research; safety and health; personnel management; human resources; employee benefits; labor relations; public relations; government relations; computer network, Internet and database administration; legal and regulatory compliance; and similar activities.

"Discretion and Independent Judgment" In general, the exercise of discretion and independent judgment involves the comparison and the evaluation of possible courses of conduct and acting or making a decision after the various possibilities have been considered.  The term must be applied in the light of all the facts involved in the employee's particular employment situation, and implies that the employee has authority to make an independent choice, free from immediate direction or supervision.  Factors to consider include, but are not limited to: whether the employee has authority to formulate, affect, interpret, or implement management policies or operating practices; whether the employee carries out major assignments in conducting the operations of the business; whether the employee performs work that affects business operations to a substantial degree; whether the employee has authority to commit the employer in matters that have significant financial impact; whether the employee has authority to waive or deviate from established policies and procedures without prior approval, and other factors set forth in the regulation.  The fact that an employee's decisions are revised or reversed after review does not mean that the employee is not exercising discretion and independent judgment.  The exercise of discretion and independent judgment must be more than the use of skill in applying well-established techniques, procedures or specific standards described in manuals or other sources.

"Matters of Significance" The term “matters of significance” refers to the level of importance or consequence of the work performed.  An employee does not exercise discretion and independent judgment with respect to matters of significance merely because the employer will experience financial losses if the employee fails to perform the job properly.  Similarly, an employee who operates very expensive equipment does not exercise discretion and independent judgment with respect to matters of significance merely because improper performance of the employee's duties may cause serious financial loss to the employer.