Friday, November 10, 2006

DOL Advisory Letter on the Executive Exemption Under the FLSA

Dol_seal_bwrevThanks to the New Mexico Labor and Employment Law Blog for bringing to my attention and summarizing the following DOL opinion letter from this past September concerning whether a manager has to be physically present in order to qualify for the executive exemption from the overtime provisions of the FLSA.

Here's a taste:

The Department of Labor recently decided that a store manager does not necessarily have to physically supervise all employees under his or her control on a regular basis to meet the executive exemption under the Fair Labor Standards Act (FLSA).

The manger qualifies because he “customarily and regularly directs the work of subordinate employees even when he or she is not present in the store because the store manager continues to be responsible for ensuring that company policies and his or her instructions are carried out by all subordinates.”


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