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Department of Labor and Industry 8 MCAR §1A015 recurring period of 168 hours —seven consecutive 24 hour periods. This is true whether the employee is paid on an hourly, piecework, commission, or any other basis. Once the workweek is established, it remains fixed, although it may be changed if the change is intended as permanent rather than as an evasion of the overtime provisions. If no workweek is designated, it shall fol- low the calendar week. The Commissioner of Labor and Industry may upon receiving application made by an employer establish a different period of time to be used as work- week for purposes of this regulation. No employer shall be deemed to have violated Minn. Stat. § 5, 177.25, subd. 1 by employing any employee of ,a retail or service establishment for a work- week in excess of the applicable workweek specified therein, if (1) the regular rate of pay of such employee is in excess of one and one -half times the mini- mum hourly rate applicable to him or her under Minn. Stat. § 177.24 and (2) more than half the compensation for a representative period (not less than one month) represents commissions on goods or services. In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed com- missions on goods or services without regard to whether the computed com- missions exceed the draw or guarantee. § 1.4015 Executive, administrative, professional personnel. The primary duties of the employee are determinative of his or her status under this 7_71 exemption. Only where the employee's primary duties meet all the criteria under a particular test may the employer consider the employee to be exempt from the overtime wage provisions. A. Manage: For purposes of this rule, the term manage means to control and direct the business operations of a given enterprise, departmentor branch establishment. Duties involved in managing must involve the making of de- cisions and the issuance of directions to other employees which involve skill and judgment. The term includes those employees that act primarily and prin- cipally in a directive capacity as opposed to those who primarily do the actual work. B. Discretionary powers: The thrust of this criteria is to distinguish be- tween those employees empowered to independently commit their employ- ers on matters of importance and those employees who merely make day to day decisions which, although necessary to the daily operations of the ern - player's business, are routine, or follow prescribed procedures, or involve a deteniination of whether specific standards are met, or are lacking in sub- stantial importance to the employer's business as a whole. One test which should be utilized in determining whether an employee exercises discre- tionary powers is to ask whether the decisions being made involve a discretion as to company policy or rrocedure or commit the employer on matters of substantial importance. Mere recommendations with respect to policies and procedures are not sufficient unless it can be shown that the employer con- sistently accepted and followed those recommendations. 7