[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR541.107]

[Page 186]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 541_DEFINING AND DELIMITING THE TERMS ``ANY EMPLOYEE EMPLOYED IN A 
 
                        Subpart B_Interpretations
 
Sec. 541.107  Discretionary powers.

    (a) Section 541.1(d) requires that an exempt executive employee 
customarily and regularly exercise discretionary powers. A person whose 
work is so completly routinized that he has no discretion does not 
qualify for exemption.
    (b) The phrase ``customarily and regularly'' signifies a frequency 
which must be greater than occasional but which, of course, may be less 
than constant. The requirement will be met by the employee who normally 
and recurrently is called upon to exercise and does exercise 
discretionary powers in the day-to-day performance of his duties. The 
requirement is not met by the occasional exercise of discretionary 
powers.