BLUE COLLAR EXEMPT?

Ethel

Can there be such a thing?

pork1

[font size="1" color="#FF0000"]LAST EDITED ON 09-16-04 AT 09:06AM (CST)[/font][br][br]NO, there are EXEMPTS and others who are protected by the FLSA. The September issue of "The HR Specialist" has their opening article on this issue and it is very clear. The first test is the amount of money assigned to any position regardless of the person, if it is less than $455.00 a week of 40 hours it will be covered by the FLSA. If $455.00 and above, then it must meet the written descriptions of the related task to be performed by the person assigned to this job, regardless of the personality. If the majority of the work performed is physical rather than mental, one must do a very detailed analysis of the position's responsibilities and accountabilities. The position must have a clear understanding or of responsibility for the operation of that piece of the business or supervise at least two other people.

The new rules also create a brand new exemption category for "highly compensated" employees making over $100,000 a year and performs at least one of the exempt duties, then this person and the assigned position could be procluded from drawing OVERTIME! So a person making $99,999.00 annually and accomplishes at least one of the category descriptions must be paid overtime for all hours worked over 40 hours a week.

I was shocked yesterday when I received this newsletter!

Get your analysis done it may be an issue for you some day!

PORK

Ethel

Thanks Pork for the info. In my opinion, the job in question is NOT exempt. The job entails 60% or more manual work (mfg. co.) and following explicit procedures and formulas. However, the argument is that he meets the salary requirement and he supervises (?) two people. I think the intention was good (job made an exempt mgt. position to meet compensation demands.), but can/could bite us at a later time. What's the old saying -- no good deed goes unpunished.

ps - Who publishes HR Specialist?