RE: exempt vs. non-exempt

[Shirley_Kondek -at- BalboaInsurance -dot- Com]

And another good comment from Mary worth hearing:

-I have some experience with job classification. 

-First, the DoL has written very specific criteria for deciding whether a 
job is exempt or non-exempt.  There is very little, if any, wiggle room 
for HR or a dept. mgr. -to make their own decisions about how to classify 
a job. 

-Second, we laypeople usually equate exempt = salaried (no overtime) and 
non-exempt = hourly (eligible for overtime).  This is often true in the 
real world.  -However, the purpose for the exempt and non-exempt 
classifications is not for deciding who gets overtime and who doesn't. The 
Exempt classification -means exempt from FLSA strictures, except shops 
where a collective bargaining agreement is in place.  (Labor unions create 
a whole other kettle of fish.) 

-Third, we often equate professional = exempt and clerical/staff = 
non-exempt.  Again, not a valid way of looking at things.  I know some 
fantastically well-paid -engineers (licensed and everything) who are 
non-exempt and who get overtime. 

-The DoL cares not one whit about the title of a job.  They look only at 
the assigned tasks and level of responsibility for classifying a job. 

-----------

Mary, I've seen the salary basis test, salary level test, and duties 
tests, and it really bothers me that a non-exempt employee fails the last 
question:
"employee exercises discretion and independent judgment with respect to 
matters of importance?"

I think tech documentation is important and the writer must use discretion 
and independent judgment to write. 

The wiggle room that the VP found for the BSAs were the % of time spent on 
specific duties.  I think the case can be made either way.  My question is 
which is preferable?

Thanks for your input.


Shirley 


----- Forwarded by Shirley Kondek/IT/BalboaInsurance on 04/04/2005 01:14 
PM -----




^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

WEBWORKS FINALDRAFT - EDIT AND REVIEW, REDEFINED
Accelerate the document lifecycle with full online discussions and unique feedback-management capabilities. Unlimited, efficient reviews for Word
and FrameMaker authors. Live, online demo:
http://www.webworks.com/techwr-l

---
You are currently subscribed to techwr-l as:
archiver -at- techwr-l -dot- com
To unsubscribe send a blank email to leave-techwr-l-obscured -at- lists -dot- techwr-l -dot- com
Send administrative questions to lisa -at- techwr-l -dot- com -dot-  Visit
http://www.techwr-l.com/techwhirl/ for more resources and info.