Primary-Duty Test

Definition

In the context of the executive exemption to the minimum-wage and overtime requirements of the Fair Labor Standards Act, the factors to be considered in determining whether an employee’s primary duty is management, including (1) the amount of time spent in the performance of managerial duties, (2) the relative importance of the managerial duties as compared with other duties, (3) the relative freedom from supervision, and (4) the relationship between the manager’s salary and the wages paid to other employees for the kind of nonexempt work that the manager performs.