Primary duty

Primary duty typically means the duty that constitutes the major part (over 50 percent) of an employee's work. A duty constituting less than 50 percent of an employee's work (alternative primary duty) may be credited as the primary duty for exemption purposes provided that duty:
(1) Constitutes a substantial, regular part of the work assigned and performed;
(2) Is the reason for the existence of the position; and
(3) Is clearly exempt work in terms of the basic nature of the work, the frequency with which the employee must exercise discretion and independent judgment as discussed in ยง 551.206, and the significance of the decisions made.


5 CFR § 551.104

Scoping language

In this part -

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