Not only can surprises be confusing, but they may also influence your happiness on the job. If you ever come across these terms when filling out a job application, you want to be sure to know what they mean, what they include and what they may or may not protect you from.
Determining whether an employee has management as the primary duty of the position requires case-by-case evaluation. A "rule of thumb" is to determine if the employee is "in charge" of a department or subdivision of the enterprise such as a shift.
One handy clue might be to ask who a telephone inquiry would be directed to if the called asked for "the boss. Thus, for example, if a "sergeant" and a "lieutenant" are each at work at the same time in the same unit or subunit of the organizationonly the lieutenant is "in charge" during that time.
For example, the night manager at a fast food restaurant may in reality spend most of the shift preparing food and serving customers. The final requirement for the executive exemption is that the employee have genuine input into personnel matters.
This does not require that the employee be the final decision maker on such matters, but rather that the employee's input is given "particular weight. Exempt professional job duties. The job duties of the traditional "learned professions" are exempt.
These include lawyers, doctors, dentists, teachers, architects, clergy. Also included are registered nurses but not LPNsaccountants but not bookkeepersengineers who have engineering degrees or the equivalent and perform work of the sort usually performed by licensed professional engineersactuaries, scientists but not technicianspharmacists, and other employees who perform work requiring "advanced knowledge" similar to that historically associated with the traditional learned professions.
Professionally exempt work means work which is predominantly intellectual, requires specialized education, and involves the exercise of discretion and judgment.
Professionally exempt workers must have education beyond high school, and usually beyond college, in fields that are distinguished from more "academic" than the mechanical arts or skilled trades. Advanced degrees are the Exempt vs non exempt common measure of this, but are not absolutely necessary if an employee has attained a similar level of advanced education through other means and perform essentially the same kind of work as similar employees who do have advanced degrees.
Some employees may also perform "creative professional" job duties which are exempt. This classification applies to jobs such as actors, musicians, composers, writers, cartoonists, and some journalists.
It is meant to cover employees in these kinds of jobs whose work requires invention, imagination, originality or talent; who contribute a unique interpretation or analysis. Identifying most professionally exempt employees is usually pretty straightforward and uncontroversial, but this is not always the case.
Whether a journalist is professionally exempt, for example, or a commercial artist, will likely require careful analysis of just what the employee actually does.
Exempt Administrative job duties. The most elusive and imprecise of the definitions of exempt job duties is for exempt "administrative" job duties. The Regulatory definition provides that exempt administrative job duties are a office or nonmanual work, which is b directly related to management or general business operations of the employer or the employer's customers, and c a primary component of which involves the exercise of independent judgment and discretion about d matters of significance.
The administrative exemption is designed for relatively high-level employees whose main job is to "keep the business running. Employees who make what the business sells are not administrative employees. Administrative employees provide "support" to the operational or production employees.
They are "staff" rather than "line" employees.
Examples of administrative functions include labor relations and personnel human resources employeespayroll and finance including budgeting and benefits managementrecords maintenance, accounting and tax, marketing and advertising as differentiated from direct salesquality control, public relations including shareholder or investment relations, and government relationslegal and regulatory compliance, and some computer-related jobs such as network, internet and database administration.
To be exempt under the administrative exemption, the "staff" or "support" work must be office or nonmanual, and must be for matters of significance. Clerical employees perform office or nonmanual support work but are not administratively exempt.
Nor is administrative work exempt just because it is financially important, in the sense that the employer would experience financial losses if the employee fails to perform competently. Administratively exempt work typically involves the exercise of discretion and judgment, with the authority to make independent decisions on matters which affect the business as a whole or a significant part of it.
Questions to ask might include whether the employee has the authority to formulate or interpret company policies; how major the employee's assignments are in relation to the overall business operations of the enterprise buying paper clips versus buying a fleet of delivery vehicles, for example ; whether the employee has the authority to commit the employer in matters which have significant financial impact; whether the employee has the authority to deviate from company policy without prior approval.
An example of administratively exempt work could be the buyer for a department store. The job involves work which is necessary to the overall operation of the store -- selecting merchandize to be ordered as inventory.
It is important work, since having the right inventory and the right amount of inventory is crucial to the overall well-being of the store's business. It involves the exercise of a good deal of important judgment and discretion, since it is up to the buyer to select items which will sell in sufficient quantity and at sufficient margins to be profitable.
Other examples of administratively exempt employees might be planners and true administrative assistants as differentiated from secretaries with fancy titles.
Bookkeepers, "gal Fridays," and most employees who operate machines are not administratively exempt. Merely clerical work may be administrative, but it is not exempt.
Most secretaries, for example, may accurately be said to be performing administrative work, but their jobs are not usually exempt. Similarly, filing, filling out forms and preparing routine reports, answering telephones, making travel arrangements, working on customer "help desks," and similar jobs are not likely to be high-level enough to be administratively exempt.
Many clerical workers do in fact exercise some discretion and judgment in their jobs.The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek..
However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for .
Exempt Personnel federal, national and state compliance resources - regulations, laws, and state-specific analysis for employers and HR professionals Exempt Personnel: What you need to know Under both the federal Fair Labor Standards Act (FLSA) and other federal laws applicable to public works projects, employers must pay overtime to employees.
The Fair Labor Standards Act (FLSA) requires all employers to identify their jobs as either “exempt” or “non-exempt”.
In order to remain in compliance with FLSA rules and regulations, it is important to understand the differences between these two types of workers and the jobs they perform.
Non-Exempt In accordance with the Fair Labor Standards Act of and its regulations, employees are either exempt or non-exempt (also spelled as nonexempt).
The Fair Labor Standards Act (FLSA) is a wage and hour law that serves as the "main pay law" so to speak, because it governs the minimum wage, overtime pay and equal pay at. Under this definition, exempt employees generally must receive their full salary for any week in which they perform work, without regard to the number of days or hours worked.
Generally if the exempt employee has paid time off available you can require them to use vacation time for partial day absences.
Definition of Non-Exempt. If your job is classified as non-exempt, this means your employment is subject to the rules laid out in the FLSA. Like all laws, there are are many exceptions and details.