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8 MCAR § IA015 Department of Labor and Industry <br />C. Sole charge: Only one employee per enterprise, department or branch <br />establishment may be considered to be in sole charge regardless of the num- <br />ber of work shifts per day. <br />D. In determining exempt and non - exempt work under this rule, work <br />directly related to executive or administrative work may be included if the <br />executive work which it relates to is actually performed by the employee. It <br />is not sufficient to claim certain work is exempt where the executive or ad- <br />ministrative function it might be directly related to is not performed by the <br />employee. <br />EXECUTIVE Test I <br />A. receives at least $250 per week in salary; <br />B. manages the enterprise by which he is employed or a recognized depart- <br />ment or subdivision thereof; <br />C. customarily directs the work of two or more other employees. <br />EXECUTIVE Test 11 <br />A. receives at least $155 per week in salary; <br />B. manages and supervises a department of at least two other full -time <br />people (a full -time employee is defined as one who works at least 35 hours in <br />a workweek); <br />C. has authority to hire or fire or suggest changes in employees' status; <br />D. regularly exercises dis..retionary powers; <br />E. either <br />1. devotes less than 20% of time worked (or 40% in retail or service es- <br />tablishments) to non - exempt work, or <br />2. owns 20% or more of the business, or <br />3. has sole charge of an independent or branch establishment. <br />ADMINISTRATIVE Test 1 <br />A. receives at least $250 per week in salary or fee; <br />B. either <br />1. performs office or nonmanual work directly related to management <br />policies or general business operations, or <br />8 <br />