In general, the exercise of discretion and independent judgment involves the comparison and evaluation of possible courses of conduct and acting or making a decision after consideration of the various possibilities. In general, such an employee must have the authority to make an independent choice, free from immediate direction or supervision.
Factors to consider include (but are not limited to):
Does the employee formulate, affect, interpret, or implement policies or practices? Does the employee carry out major assignments in conducting the business?
Does the employee’s work affect business operations to a substantial degree?
Can the employee commit the employer in matters that have significant financial impact?
Does the employee have authority to waive or deviate from established policies and procedures without prior approval?
If an employee’s decisions are revised or reversed after review, it 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.
October 2018
Tags: New York, Administrative Employee Overtime Exemption
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