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Administrative Exemption Part Deux

bragawbragaw 36 Posts
in Compensation Vote Up0Vote Down
My question is: After reviewing an employee job description and asking questions about what it is the ee will be doing on a day to day basis, I have concluded that the ee satisfies the first prong of the administrative exemption test, that is the ee's primary duty is work directly related to the management or general business operations of the employer. However, when looking at the "primary duty and" portion of the test, i.e. exercise of discretion and independent judgment with respect to matters of significance and the 8 factors to consider (from the DOL's wage and hour division website), when analzing whether the ee exercises discretion and independent judgment I need to know how many of those 8 factors an employer should rely on in order to satify that prong of the administrative exemption test--3 of 8, 5 of 8??

Also, a quick poll. How many of you out there work in a company of approximately 45 employees with only exempt positions?
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