An Administrator's Guide to California Private School Law

Chapter 6 – Wage And Hour Laws

b. Examples Of Executive Duties The following work is considered to be indicative of “management” of the enterprise and, therefore, exempt:  Interviewing, selecting, training and evaluating the performance of employees;  Setting and adjusting employees’ rates of pay and hours of work;  Directing and planning the work of employees, including determining the techniques to be used by the employees;  Maintaining production or sales records for use in supervision or control;  Handling employee complaints and grievances;  Disciplining employees;  Planning the work and apportioning the work among employees;  Determining the type of materials, supplies, machinery or tools to be used or merchandise to be bought, stocked or sold;  Controlling the flow and distribution of materials or merchandise and supplies;  Providing for the safety of the employees or the school’s property;  Planning and controlling the budget; or  Monitoring or implementing legal compliance measures. 530 c. Two Or More Employees In order to meet the executive exemption, both the IWC Orders and the federal regulations require that the employee supervise two or more full time employees “or the equivalent” in the department or unit the employee is managing. 531 The “equivalent” of two employees may be one full-time and two half-time employees, as long as the total hours worked by all of the employees equals or exceeds the hours worked by two full time employees. 532 An employee who merely assists the manager of a particular department and supervises two or more employees only in the actual manager’s absence or shares responsibility for such supervision does not meet this requirement. 533 d. Definition Of “Particular Weight” An executive does not have to be the final decision maker with respect to hiring and firing, but the executive’s input must carry particular weight. 534 To determine whether an employee's suggestions and recommendations are given “particular weight,” factors to be considered include, but are not limited to, whether it is part of the employee's job duties to make such suggestions and recommendations, the frequency with which such suggestions and recommendations are made or requested, and the frequency with which the employee's suggestions and recommendations are relied upon by the school.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 157