1. (a) An employee who may effectively recommend an action listed in § 23-901(i) of this subtitle may be deemed a management 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 § 23-901(i) of this subtitle may not necessarily require the conclusion that the individual exercising that function is in fact a management employee within the meaning of the definition.

3. (c) In differentiating a management employee from a nonmanagement employee:

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

Added by Acts 2024, c. 132, § 2, eff. July 1, 2024.