Open

Employer Spotlight

Recruit Gen Y Stars

You need new tools to attract the new breed of talent - Experience will help you build your team with Gen Y stars.

Go

Ease of Use

Our management dashboard helps you easily post jobs, pinpoint targeted candidates and manage your talent pipeline.

Go

All Needles, No Hay

Don't wait for the best candidates to come to your door - with Experience, you can proactively target top talent.

Go

Build Your Experience

Experience is your most important asset - we're here to help you find that next opportunity.

Go

Tell Your Story

You're so much more than just your resume. Showcase your Experience.

Go

Connections Matter

Introductions are made easy when you have Experience -- connect with alumni, mentors and industry insiders.

Go
Forgot?

Use eRecruiting by Experience on campus?
Find your school here.

Home  > Article

Can an exempt position become nonexempt?

By Erisa Ojimba, Certified Compensation Professional Salary.com

Generally, it's not the employee who is exempt or nonexempt under the Fair Labor Standards Act, but the job.

Q. A nonexempt employee was given the duties of an exempt employee upon the exempt employee's retirement. The nonexempt employee had been acting in this capacity for over four years. Does the employer lose the ability to classify this position/employee now as exempt? Is there a time limit?

A. Generally, it is not the employee who determines whether a job is exempt from the Fair Labor Standards Act (FLSA); it is the tasks being performed in the job that do or do not warrant the exemption.

You did not mention what tasks the previous employee was performing when he or she left the company. It could be this employee had been performing tasks that warranted the exemption status. When the employee left the company, it is possible that the company could no longer justify the position as exempt.

Companies often get into trouble when they have exempted a job from the FLSA when the job does not meet the requirements for exemption under the law. In such a case, the company may have to pay an employee overtime incurred while performing the job while being treated as exempt. These payments could be retroactive.

So I would encourage you to ask your HR representative why the FLSA status changed when the previous employee left the company.

Good luck.


Copyright 2000-2004 © Salary.com, Inc.






More Related Articles


Am I management material?
An employee asked to take on managerial responsibilities ought to be ready to make the case for a promotion after three months of solid performance as a manager.

Which Movie Character's Job Would You Steal?
Hollywood stars have glamorous lives, beautiful spouses and stratospheric paychecks. But between their on-again-off-again romances, legal troubles and paparazzi stalkers, sometimes it's not the lives of the rich and famous that make us seethe with envy. Instead, it's the glamorous lives of their movie characters that really have us turning green.

Workspace Innovation
Creating teaming areas and public spaces that promote the cross-pollination of ideas is here to stay.



Google Web Search
Didn't see what you were looking for?
 
powered by Google
Copyright ©2017 Experience, Inc Privacy Policy Terms of Service