Erisa b.v.

Informatie

published by stanley d. As to condition (3) the Court said that Factors to consider when determining whether an employee exercises discretion and independent judgment with respect to matters of significance include but are not limited to . baum of eaton & van winkle. whether the employee provides consultation or expert advice to management and whether the employee is involved in planning long- or short-term business objectives. 29 C.F.R. 541.202(b). The phrase work involving discretion and independent judgment implies that an employee has authority to make an independent choice free from immediate direction or supervision. 541.202(c). The term discretion and independent judgment does not require that the decisions made by an employee have a finality that goes with unlimited authority and a complete absence of review. ... The fact that an employee s decision may be subject to review ... does not mean that the employee is not exercising discretion and independent judgment. Id. As to the instant case the Court said that Blanchar s duties --promoting sales advising sales staff and fielding questions--required the exercise of discretion and independent judgment. He scripted talking points for consultants to further the sales of 403(b) and 457 plans. He used his knowledge and experience to develop presentation materials and to answer questions from pension consultants. When presenting or speaking at conferences Blanchar used materials he himself had prepared which were later approved by The Standard s legal and marketing departments. He worked largely alone and met with his supervisor only once a year. Though Blanchar lacked final decision-making authority his work involved a great deal of discretion and independent judgment. The Court concluded that Blanchar meets condition (3). Meeting all the conditions the Court further concluded that Blanchar is an exempt bona fide administrative employee and it affirmed the district court s summary judgment. .

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