Reviewed Date: 11/11/2022
“Concurrent performance of exempt and non-exempt work does not disqualify an employee from the executive exemption if the requirements of the Act are met. 29 C.F.R. § 541.106(a). Generally, exempt executive employees make the decision regarding when to perform nonexempt duties and remain responsible for the success or failure of business operations under their management while performing the nonexempt work” while nonexempt employees who perform exempt work generally are directed by a supervisor to perform the work. “An employee whose primary duty is ordinary production work or routine, recurrent or repetitive tasks cannot qualify for exemption as an executive.” 29 C.F.R. § 541.106(a).