§23–903.

    (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.

    (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.

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

        (1)    A class title alone may not be the basis for determination; and

        (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.