HR Solutions, LLC
Call Us!  
(443)   
356-4352

Home : The HR Blog

‘A La Carte’
HR Services

Policies/Handbooks, Performance Systems, Recruiting, Training, HR Practices, Compliance, etc.

Compliance
Audits – $149

We audit employee files, posters, employee classifications. policies, and job descriptions.

Read more

One-hour free human resources consultation offer
Subscribe to Our Newsletter:
The HR Solution Source
 

"As Harford Habitat for Humanity grew quickly, I felt a sense of urgency to implement important HR policies. Renee McNally did an excellent job evaluating our organization and helped to get policies in place in a timely manner. Renee is always able to provide great feedback and advising when an a situation with an employee comes up and we don't know which direction to take. HR Solutions staff is professional, friendly and responsive."

Joann Blewett, Executive Director
Harford Habitat for Humanity

Follow us on...
                  Facebook  Twitter 

HR Solutions Weblog

Exempt or Non-Exempt?

Renee McNally - Sunday, June 06, 2010
We are often asked, “what is the number one HR question that confuses employers” – that is an easy one.  The answer, “How do I know if my employee is exempt or non-exempt per FLSA (Fair Labor Standards Act)?”  Unfortunately, there is no simple matrix to follow with “yes” or “no” answers.   Often the case is employers trying to force employees into the Exempt status to avoid paying overtime.  This is the surest way to incur an EEOC lawsuit AND lose.

Some, and I do emphasize some, of the criteria to classify an employee as Exempt:

·      Must be paid at least $455 per week

·      Primary duty must be to perform work requiring advanced knowledge, also defined as work that is “ predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment

·      The advanced knowledge must be in a field of science or learning, AND it must be “customarily acquired by a prolonged course of specialized intellectual instruction” typically at the college level.

Again, the criteria above are just a starting point and it is always better to err on the side that benefits the employee, i.e. classifying them as non-exempt where they would be eligible for overtime.  Do you want to ensure your employees are properly classified to meet FLSA exempt and non-exempt status, contact HR Solutions, LLC for an audit of your jobs?

Bookmark and Share