›

Computer Exemption

hrlady94hrlady94 1 Post
in HR & Employment Law Vote Up0Vote Down

If my computer programer meets the qualifications for Administrative Exemption can I claim that exemption over the Computer Exemption.  I guess my question is, do I have a choice for which exemption I can classify my computer people under?

Share on Facebook Share on Twitter

Comments

  • 3 Comments sorted by Votes Date Added
  • regdunlopregdunlop 176 Posts
    PMVote Up0Vote Down

    are you sure the employee qualifies for the admin exemption and the computer pro exemption? to qualfiy for the admin exemption the employee must exercise "discretion and independent judgment." here is a dol fact sheet  http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17c_administrative.pdf

     

    Discretion and Independent Judgment

     
    In general, the exercise of discretion and independent judgment involves the comparison and the evaluation of possible courses of conduct and acting or making a decision after the various possibilities have been considered. The term must be applied in the light of all the facts involved in the employee’s particular employment situation, and implies that the employee has authority to make an independent choice, free from immediate direction or supervision. Factors to consider include, but are not limited to: whether the employee has authority to formulate, affect, interpret, or implement management policies or operating practices; whether the employee carries out major assignments in conducting the operations of the business; whether the employee performs work that affects business operations to a substantial degree; whether the employee has authority to commit the employer in matters that have significant financial impact; whether the employee has authority to waive or deviate from established policies and procedures without prior approval, and other factors set forth in the regulation. The fact that an employee’s decisions are revised or reversed after review does not mean that the employee is not exercising discretion and independent judgment. The exercise of discretion and independent judgment must be more than the use of skill in applying well-established techniques, procedures or specific standards described in manuals or other sources. 
    Share on Facebook Share on Twitter
  • LadyAnnLadyAnn 96 Posts
    PMVote Up0Vote Down
    The job title doesn't matter, it is the job duties performed by the employee.  If the job duties performed classify an employee as exempt under Administrative Exemption, then they are exempt.
    Share on Facebook Share on Twitter
  • TXHRGuyTXHRGuy 1,586 Posts
    PMVote Up0Vote Down
    The person has to classify under ANY exemption category.  The person could be exempt as an executive who happens to do some coding, too.
    Share on Facebook Share on Twitter
Sign In or Register to comment.