Discretion and independent judgment definition

Discretion and independent judgment means the comparison and the evaluation of possible courses of conduct, and acting or mak- ing a decision after the various possibilities have been considered. The phrase "discretion and independent judgment" must be applied in the light of all the facts involved in the particular employment sit- uation in which the question arises. The exercise of discretion and independent judgment implies that the employee has the authority to make an independent choice, free from immediate direction or supervi- sion. However, employees can exercise discretion and independent judg- ment even if their decisions or recommendations are reviewed at a higher level. The exercise of discretion and independent judgment must be more than the use of skill in applying well-established techniques, procedures or specific standards described in manuals or other sour- ces. The exercise of discretion and independent judgment also does not include clerical or secretarial work, recording or tabulating data, or performing other mechanical, repetitive, recurrent or routine work.
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Discretion and independent judgment means the comparison and the evaluation of possible courses of conduct, and acting or making a decision after the various possibilities have been considered. The exercise of discretion and independent judgment implies that the employee has the authority to make an independent choice, free from immediate direction or supervision. The exercise of discretion and independent judgment must be more than the use of skill in applying well-established techniques, procedures or specific standards described in manuals or other sources. 9
Sample 1

Examples of Discretion and independent judgment in a sentence

  • Subpart C—Administrative Employees § 541.200 General rule for administrative employees.§ 541.201 Directly related to management or general business operations.§ 541.202 Discretion and independent judgment.

  • Discretion and independent judgment implies that the employee “has authority to make an independent choice, free from immediate direction or supervision.”29 C.F.R. § 541.202(c); Blanchar v.

  • Discretion and independent judgment means work that involves comparing and evaluating possible courses of conduct, interpreting results and implications, and independently taking action or making a decision after considering the various possibilities.

  • Discretion and independent judgment The third element required to qualify as an exempt administrative employee is the exercise of judgment and discretion in the performance of the employee’s primary duty.

  • Discretion and independent judgment must be exercised in carrying out assignments.The Glossary of terms defines journey level work as:Fully competent and qualified in all aspects of a body of work and given broad/ general guidance, can complete work assignments to standard under minimal supervision.

  • Discretion and independent judgment does not include clerical or secretarial work, recording or tabulating data, or performing other mechanical, repetitive, recurrent or routine work.

  • A combination of the dutiesdescribed in paragraphs (a)(3)(i), (3)(ii), and (3)(iii) of this section, theperformance of which requires the same level of skills.(b) Intellectual and varied in nature.The employee’s work is predominantly intellectual and varied in nature,requiring creative, analytical,evaluative, or interpretative thoughtprocesses for satisfactory performance.(c) Discretion and independent judgment.

  • All trapped fish will be visually scanned for the presence or absence of an adipose fin, and all unclipped steelhead will be visually scanned for the presence of fin erosion that typifies unclipped hatchery steelhead.

  • Depending upon the purpose of the work and the organizational context (line or staff), work in certain occupations may be either exempt or nonexempt (§551.206(h)).☐ Primary duty includes the exercise of discretion and independent judgment on matters of significance.o Discretion and independent judgment: implies that the employee has authority to make an independent choice, even if the decisions or recommendations are reviewed at a higher level and, upon occasion, revised or reversed.

  • CONCLUSION AND OPEN QUESTIONSAs shown above, a sister’s company’s Section 1 liability for conspiracies in which affiliates allegedly participated raises a host of difficult questions and divergent authority in reconciling Twombly and Copperweld, particularly when plaintiffs present “single enterprise” theories.

Related to Discretion and independent judgment

  • Consent Judgment means a state-specific consent judgment in a form to be agreed upon by the Settling States, Participating Subdivisions, and Xxxxxxx prior to the Initial Participation Date that, among other things, (1) approves this Agreement and (2) provides for the release set forth in Section IV, including the dismissal with prejudice of any Released Claims that the Settling State has brought against Released Entities.

  • Court of competent jurisdiction means a federal court, or a state court that entered an order in a child custody proceeding involving an Indian child, as long as the state court had proper subject matter jurisdiction in accordance with this chapter and the laws of that state, or a tribal court that had or has exclusive or concurrent jurisdiction pursuant to 25 U.S.C. Sec. 1911.

  • Alternate Judgment means a form of final judgment that may be entered by the Court herein but in a form other than the form of Judgment provided for in this Stipulation.

  • Alternative Judgment means a form of final judgment that may be entered by the Court but in a form other than the form of Judgment provided for in this Stipulation and where none of the Parties hereto elects to terminate this Settlement by reason of such variance.

  • Final Approval Order and Judgment means an order and judgment that the Court enters after the Final Approval Hearing, which finally approves the Settlement Agreement, certifies the Settlement Class, dismisses the Action with prejudice, and otherwise satisfies the settlement-related provisions of Federal Rule of Civil Procedure 23.

  • Final Order and Judgment means the final judgment and order of dismissal with prejudice to be entered in the Lawsuit in connection with the approval of the Settlement after the Final Approval Hearing.

  • Attorneys’ Fees and Costs means: (i) fees and out of pocket costs of Lender’s and Loan Servicer’s attorneys, as applicable, including costs of Lender’s and Loan Servicer’s in-house counsel, support staff costs, costs of preparing for litigation, computerized research, telephone and facsimile transmission expenses, mileage, deposition costs, postage, duplicating, process service, videotaping and similar costs and expenses; (ii) costs and fees of expert witnesses, including appraisers; (iii) investigatory fees; and (iv) costs for any opinion required by Lender pursuant to the terms of the Loan Documents.

  • Competent Body means any body that has authority to issue standards or recommendations with which either Party must comply Conditions Precedent means the conditions precedent, if any, to commencement of service delivery referred to in clause A3.2 (Commencement and Duration) and set out in Appendix B (Conditions Precedent)

  • Joint Remediation Committee has the meaning set forth in Section II.A.2.

  • Court means the Supreme Court of British Columbia;

  • Independent adjuster means an insurance adjuster required to be licensed under

  • Competent means the ability of an offeror to satisfy the requirements of the solicitation. This determination is based on a comprehensive assessment of each offeror's proposal including consideration of the specific areas of evaluation criteria in the relative order of importance described in the solicitation.

  • Appellate Decision-maker means a person who considers and decides appeals of determinations regarding responsibility and dismissals of formal complaints. The Appellate Decision-maker cannot be the same person as the Title IX Coordinator, Investigator, or Decision-maker. The Appellate Decision-maker may be a school district employee, or a third party designated by the school district.

  • Judicial commitment means a commitment by a court pursuant

  • Attorneys’ Fees and Expenses means such funds as may be awarded to Class Counsel by the Court to compensate them (and all other attorneys for Plaintiff or the Settlement Class) for their fees and all expenses incurred by Plaintiff or Class Counsel in connection with the Litigation.

  • Indemnified Costs has the meaning specified in Section 8.05(a).

  • Appellate Tribunal means the Goods and Services Tax Appellate Tribunal referred to in section 109;

  • Discretion means in the sole discretion of the Committee, with no requirement whatsoever that the Committee follow past practices, act in a manner consistent with past practices, or treat an employee or consultant in a manner consistent with the treatment afforded other employees or consultants with respect to the Plan.

  • Pertinent Jurisdiction in relation to a company, means:

  • Final Decision means a final action of the commission determining the legal rights, duties, or privileges of any person. “Final decision” does not include preliminary, procedural, or intermediate actions by the commission, actions regulating the internal administration of the commission, or actions of the commission to enter into or refrain from entering into contracts or agreements with vendors to provide goods or services to the commission.

  • Order and Final Judgment means the order and final judgment of the Court approving the Settlement Agreement, as described in Section II(E)(7) below.

  • Judicial Council’s Master Account means the Judicial Council’s billing account to which the Contractor is authorized to charge specifically identified charges under this Agreement.

  • Attorneys’ Fees means the full and actual cost of any legal services actually performed in connection with the matter involved calculated on the basis of the usual fee charged by the attorney performing such services and shall not be limited to "reasonable attorneys' fees" as defined in any statute or rule of court.

  • Final Determination means the final resolution of liability for any Tax for any taxable period, by or as a result of (a) a final decision, judgment, decree or other order by any court of competent jurisdiction that can no longer be appealed, (b) a final settlement with the IRS, a closing agreement or accepted offer in compromise under Sections 7121 or 7122 of the Code, or a comparable agreement under the Laws of other jurisdictions, which resolves the entire Tax liability for any taxable period, (c) any allowance of a refund or credit in respect of an overpayment of Tax, but only after the expiration of all periods during which such refund or credit may be recovered by the jurisdiction imposing the Tax, or (d) any other final resolution, including by reason of the expiration of the applicable statute of limitations or the execution of a pre-filing agreement with the IRS or other Taxing Authority.

  • Appellate court means the Supreme Court, Court of Appeals, or both, as appropriate.

  • Appellate Board means the Appellate Board referred to in section 116;