[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR541.106]

[Page 181-182]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 541_DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, 
 
                      Subpart B_Executive Employees
 
Sec. 541.106  Concurrent duties.

    (a) Concurrent performance of exempt and nonexempt work does not 
disqualify an employee from the executive exemption if the requirements 
of Sec. 541.100 are otherwise met. Whether an employee meets the 
requirements of Sec. 541.100 when the employee performs concurrent 
duties is determined on a case-by-case basis and based on the factors 
set forth in Sec. 541.700. Generally, exempt executives make the 
decision regarding when to perform nonexempt duties and remain 
responsible for the

[[Page 182]]

success or failure of business operations under their management while 
performing the nonexempt work. In contrast, the nonexempt employee 
generally is directed by a supervisor to perform the exempt work or 
performs the exempt work for defined time periods. An employee whose 
primary duty is ordinary production work or routine, recurrent or 
repetitive tasks cannot qualify for exemption as an executive.
    (b) For example, an assistant manager in a retail establishment may 
perform work such as serving customers, cooking food, stocking shelves 
and cleaning the establishment, but performance of such nonexempt work 
does not preclude the exemption if the assistant manager's primary duty 
is management. An assistant manager can supervise employees and serve 
customers at the same time without losing the exemption. An exempt 
employee can also simultaneously direct the work of other employees and 
stock shelves.
    (c) In contrast, a relief supervisor or working supervisor whose 
primary duty is performing nonexempt work on the production line in a 
manufacturing plant does not become exempt merely because the nonexempt 
production line employee occasionally has some responsibility for 
directing the work of other nonexempt production line employees when, 
for example, the exempt supervisor is unavailable. Similarly, an 
employee whose primary duty is to work as an electrician is not an 
exempt executive even if the employee also directs the work of other 
employees on the job site, orders parts and materials for the job, and 
handles requests from the prime contractor.