How should an employer classify assistant managers and other managers who perform significant amounts of nonexempt work?

Author: Jessica Sussman

An executive can perform both exempt and nonexempt work without losing his or her exempt status if all of the requirements for executive status are met. In determining whether the employee's primary duties consist of nonexempt work, an employer should consider whether the employee has discretion to determine when to perform the exempt work, whether the exempt executive remains responsible for the success or failure of the business operations he or she manages while performing nonexempt duties, and whether the mere performance of nonexempt duties alters the fact that the exempt executive's primary duty is management.