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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