C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER A—REGULATIONS › PART 541—DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, COMPUTER AND OUTSIDE SALES EMPLOYEES › Subpart B—Executive Employees

29 C.F.R. § 541.102

Management

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Generally, “management” includes, but is not limited to, activities such as interviewing, selecting, and training of employees; setting and adjusting their rates of pay and hours of work; directing the work of employees; maintaining production or sales records for use in supervision or control; appraising employees' productivity and efficiency for the purpose of recommending promotions or other changes in status; handling employee complaints and grievances; disciplining employees; planning the work; determining the techniques to be used; apportioning the work among the employees; determining the type of materials, supplies, machinery, equipment or tools to be used or merchandise to be bought, stocked and sold; controlling the flow and distribution of materials or merchandise and supplies; providing for the safety and security of the employees or the property; planning and controlling the budget; and monitoring or implementing legal compliance measures.

Notes of Decisions
Cited in 215 cases (45 in the last 5 years), 1976–2026 · leading case: Scott v. Chipotle Mexican Grill, Inc., 954 F.3d 502 (2d Cir. 2020).
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Scott v. Chipotle Mexican Grill, Inc., 954 F.3d 502 (2d Cir. 2020). · cites it 3× “29 C.F.R. § 541.102 . Regulations classify employees as "administrative" if (1) they are "[c]ompensated on a salary basis," (2) their "primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer…”
Morgan v. Fam. Dollar Stores, Inc., 551 F.3d 1233 (11th Cir. 2008). · cites it 3× “29 C.F.R. § 541.102 (b) (2003). 51 The new regulations are similar and explain that generally, management includes, but is not limited to, the same conduct listed in the old regulations, but adds these examples of managerial tasks: “planning and controlling the budget; and…”
Mullins v. City of New York, 653 F.3d 104 (2d Cir. 2011). · cites it 5× “29 C.F.R. § 541.102 . On April 28, 2004, the United States Secretary of Labor (“Secretary”) issued revisions to the Part 541 regulations, which took effect on August 23, 2004.”
Thomas v. Speedway SuperAmerica, LLC, 506 F.3d 496 (6th Cir. 2007). · cites it 4× “29 C.F.R. § 541.102 (b) (2003). “A determination of whether an employee has management as [her] primary duty must be based on all the facts in a particular case.”
Stephen A. Ale v. Tennessee Valley Auth., 269 F.3d 680 (6th Cir. 2001). · cites it 2× “According to 29 C.F.R. § 541.102 (b), [I]t is generally clear that work such as the following is exempt work when it is performed by an employee in the management of his department or the supervision of the employees under him: Interviewing, selecting and training of employees;…”
Martinez v. Combs, 231 P.3d 259 (Cal. 2010). “) 41 For example: “The activities constituting exempt work and non-exempt work [for executive employees] shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29…”
Johnson v. Big Lots Stores, Inc., 561 F. Supp. 2d 567 (E.D. La. 2008). · cites it 2× “29 C.F.R. § 541.102 (post-2004). The pre-2004 regulations contained a similar list.”
Batze v. Safeway, Inc., 10 Cal. App. 5th 440 (Cal. Ct. App. 2017). · cites it 2× “) The Wage Order states that exempt and nonexempt work “shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order [2001]: 29 C.F.R. Sections 541.102, 541.104-111, and…”
Scott v. Chipotle Mexican Grill, Inc., 315 F.R.D. 33 (S.D.N.Y. 2016). “The tern “management” is a legal term defined in 29 C.F.R. § 541.102 , and the determination of whether an employee’s primary duty is “management of the enterprise” is a factor that the trier of fact must consider in the primary duty test under 29 C.”
Gonzales v. City of Albuquerque, 849 F. Supp. 2d 1123 (D.N.M. 2011). · cites it 4× “29 C.F.R. § 541.102 . Gonzales performed duties which fall within the definition of the term “management” of a subdivision in the 311 CCC.”
Posely v. Eckerd Corp., 433 F. Supp. 2d 1287 (S.D. Fla. 2006). · cites it 3× “at 132 (citing 29 C.F.R. §§ 541.102 , 541.103). The regulations note that courts should typically be able to identify employees who perform supervisory work with relative ease.”
Shean Emmons v. City of Chesapeake, 982 F.3d 245 (4th Cir. 2020). · cites it 2× “29 C.F.R. § 541.102 . The picture that emerges is of management as an act of authority, formed in some degree through independent judgment, by which the members of an enterprise, and their affairs, are ordered toward its end.”
Show all 215 citing cases →
— 29 C.F.R. § 541.102(a) — 1 case
Zella A. Powell v. Morton Plant Mease Health Care, 174 F. App'x 520 (11th Cir. 2006).
— 29 C.F.R. § 541.102(b) — 4 cases
Sack v. Miami Helicopter Serv., Inc., 986 F. Supp. 1456 (S.D. Fla. 1997).
Russell v. Mini Mart., Inc., 711 F. Supp. 556 (D. Mont. 1988).
Ronney L. Ward, an Individual v. Park Avenue Expl. Corp., an Oklahoma Corp., 43 F.3d 1484 (10th Cir. 1994).
Bennett v. City of Albuquerque, 52 F.3d 337 (10th Cir. 1995).
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