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HR Solutions Weblog

Exempt or Non-Exempt? The FLSA Question

Renee McNally - Monday, November 22, 2010

There is not a day that goes by where we are not answering the age-old question:  Is this employee Exempt or Non-Exempt?  and why?  There is no exact science or matrix you can follow to answer this question.  There are some critical points:

  • First and foremost, you must make the decision based on the responsibilities for the position and NOT the person in the job.
  • Decision for Exempt or Non-Exempt must be based on level of responsibility and the impact those decisions have on the company.
  • Regularly supervises two or more other employees may be Exempt
  • Has management as the primary duty of the position.
  • Has some genuine input into the job status of other employees (such as hiring, firing, promotions, or assignments).

These are just a few of the critieria to consider. 

It is illegal to classify a position to avoid paying overtime!

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