FLSA-exempt employees OK'd to do nonexempt work
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[font size="1" color="#FF0000"]LAST EDITED ON 07-12-02 AT 05:10PM (CST)[/font][p]The July 12th Tip of the Week states that the Ninth Circuit allowed the overtime exemption to stand even though time was spent on nonexempt work. Two employees (married to each other) who were managers and supervised several assistant managers did perform nonexempt work more than 50% of the time. The employees met the exemption criteria to be classified as a manager,(1)Paid at least $250 per week, (2)Primary responsibilies are "management of the enterprise" or department in which they were employed and (3)Supervised two or more employees. Since they met this criteria (even though the work performed was nonexempt) the overtime exemption was maintained. I was under the impression that "mixing" of duties will result in the exemption being lost for all work perfomed that week. Do you think that if an agriculture business, who has the overtime exemption for their workers, used some employees to do a job that is not agriculture for 25% of the time the overtime exemption would still apply?
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James Sokolowski
Senior Editor
M. Lee Smith Publishers