WorkComp Advisory
newsletter archive case studies articles

Is this position exempt or non-exempt? Government website offers guidance

The U. S. Department of Labor's Fair Labor Standards Act (FLSA) Overtime Security Advisor has created an occupational index to help you begin your analysis of the exempt vs. non-exempt status of a particular employee.

Whether any particular employee is exempt (not entitled to the minimum wage and overtime pay protections of the FLSA) is based on whether the employee's compensation and specific job duties meet all the requirements of the regulations for the particular exemption claimed. There can be no substitute for sound analytical judgment when evaluating whether a particular employee's job duties meet all the requirements for exemption. While, neither job titles nor job descriptions determine the exempt or nonexempt status of an employee, the website provides a job description and refers to the relevant sections to consider.

Here is an example from the site:
Maintenance Worker: performs various tasks related to the upkeep of equipment and/or property. Workers who primarily perform such work and/or work involving repetitive operations with their hands, physical skill and energy are not exempt under the Regulations, Part 541. For more information, see Fact Sheet #17I: Blue-Collar Workers and the Part 541 Exemptions Under the Fair Labor Standards Act (FLSA). For assistance in determining whether an employee who performs managerial duties or functions in addition to his or her maintenance work meets the duties tests for exemption from the FLSA's minimum wage and overtime pay requirements, begin with the Executive Employee section.