The term “primary duty” means the principal, main, major or most important duty that the employee performs. Determination of an employee’s primary duty must be based on all the facts in a particular case, with the major emphasis on the character of the employee’s job as a whole. Factors to consider when determining the primary duty of an employee include, but are not limited to:
- The relative importance of the major or most important duty as compared with other types of duties;
- The amount of time spent performing the major or most important duty;
- The employee’s relative freedom from direct supervision.
