1. (a) An employee who may effectively recommend an action listed in § 23-801(l) of this subtitle may be deemed a supervisory employee if the employee's exercise of the authority requires the exercise of independent judgment and is not merely of a routine or clerical nature.
2. (b) The exercise of any single function listed in § 23-801(l) of this subtitle may not necessarily require the conclusion that the individual exercising that function is in fact a supervisory employee within the meaning of the definition.

3. (c) In differentiating a supervisory employee from a nonsupervisory employee:

   1. (1) A class title alone may not be the basis for determination; and
   2. (2) The nature of the supervisory employee's work, including whether or not a significant portion of the supervisory employee's working time is spent as part of a team that includes nonsupervisory employees shall be considered.

Added by Acts 2021, c. 747, § 1, eff. July 1, 2021; Acts 2021, c. 748, § 1, eff. July 1, 2021. Amended by Acts 2023, c. 49, § 6.