Exempt under new regs? (Job descrip vs real duties)

Half HR · July 2004

Here's an FLSA brain teaser:

We've got a position for which the job description differs quite a bit from what's actually being done in the position. That is true for many of our positions, and that's on my list of things to do (I'm new and my list is long!)

For one position, the job descrip describes primarily supervisory duties and his title has the word "supervisor" in it, but he doesn't actually do much in the way of supervising employees, and does no hiring, firing, or evals.

It seems to me he's been incorrectly classified as exempt since he was hired over 5 years ago.

What do we do?

Also, does anyone know whether staff accountants (non-CPA) qualify as "work requiring advanced knowledge"?

Thanks so much!

Half HR

Sue · July 2004

Regarding the staff accountants; I would say if they have a 4-year degree in Accounting (an Accounting Major) that would suffice in the professional exemption.

Shadowfax · July 2004

I disagree Sue. There are lots of cases where degreed accountants and not qualified exempt if their duties are routine, clerical, and require no significant aplication of discretion.
You can forget your job descriptions Half, and analyze based on 'actual' duties.

Half HR · July 2004

Thanks. That's helpful.

How urgent do you think it is that we update job descrips?

There's a lot of resistance here to doing it, since we have to get Board approval. I'm not clear on all the legal implications of having them be out of date.

Any thoughts?

Half HR

Shadowfax · July 2004

Don't worry about the job descriptions, there is no mandate you have them. But I would prefer to have no descriptions than to have descriptons that are completely out of whack. The really urgent thing to do is to be sure you are paying the ees correctly, and the safe thing to do would be to pay everyone hourly (non-exempt) until you figure out just exactly what everyone is doing, then move them to exempt as the actual work permits.

Shadowfax · July 2004

Just a follwup to the accountant issue. Check out 541.301 (f) : ...Exemption of accountants, as in the case of occupational groups must be determinedon the basis of the individual employee's duties...CPA, except in unusual cases meet the requirements...acctnts may be exemptas professional IF they actually perform work which requires the consistent exercise of discretion and judgment...
I know there are cases of even CPAs, young ones typically, who go on field audits and simply copy infomation, who have been determined to NOT be exempt. I shortened up the reg to save time, but you can take a look and see if you think your guys fit.

Exempt under new regs? (Job descrip vs real duties)

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