Under the hiring and firing authority under the Executive Exemption Test, what does “particular weight” mean?
A. “Particular weight” refers to whether it is part of the employee’s job duties to make hiring and/or firing 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. Generally, an executive’s suggestions and recommendations must pertain to employees who the executive customarily and regularly directs. It does not include an occasional suggestion with regard to the change in status of a co-worker. An employee’s suggestions and recommendations may still be deemed to have “particular weight” even if a higher level manager’s recommendation has more importance and even if the employee does not have authority to make the ultimate decision as to the employee’s change in status (29 CFR part 541.105).
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