Imagine a district manager for a retail food service enterprise whose job duties require her to “regularly and customarily exercise discretion in managing the overall operation of the stores within [her] assigned district.” At various times, she visits her stores and finds situations that require supervisory attention.
In one store she notes there is missing inventory. In two others she learns that the food storage and display cases don’t have thermometers. On another visit, she sees mold and cobwebs in the food prep area. On yet another store visit, she sees tables and chairs arranged improperly, so that a wheelchair couldn’t navigate into or through the seating area; she tells the store manager to move the chairs and tables and later follows up. On other occasions she learns that some employees have been drinking in the workplace, and apparently others had consensual sex in a store after closing hours. For each observed condition, she initiated corrective managerial action. On an ongoing basis, she kept her boss apprised of what she found and her responses.
