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FLSA Exemptions: How Many Workers Must Report to a Working Foreman to Make Him or Her a ‘Supervisor’?

We have a lot of production workers, several “working foremen,” and a few supervisors. A foreman has said that because of the number of people working under him (10 employees), he should be paid as a supervisor. So now we’re trying to sort out the distinction between workers, working foremen, and supervisors. Is there a specific number of employees that is too many for a foreman to be responsible for? How should we define these roles? —Marisol M., Compensation Specialist in Petaluma

 

Marisol, you raise frequently asked questions that can be quite confusing. The differences between a foreman and a supervisor can be some of the same issues that determine a manager’s exempt or nonexempt status. When assessing whether someone is exempt, you ask some key questions that also apply to whether an individual is a supervisor: Is the employee authorized to hire and fire other employees? Is he or she responsible for disciplining workers? Does the employee conduct performance reviews?

For the most part, a foreman or working foreman is generally called a “lead” employee, and referencing him or her by that role can often clarify confusion (and moderate increasing salary expectations) between his or her level and the next level up—a formal supervisor or manager.

A lead person or working foreman can allocate work and handle general assignment distribution, but if the lead person has authority to hire, fire, discipline, or do performance reviews for the people that work for him or her, the lines between the two responsibility levels (foreman versus supervisor/manager) can become blurred very quickly.


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Although there is no magic ratio between a supervisor and the number of employees he or she supervises, generally speaking, up to 10 workers is usually considered a reasonable “span of control” between a supervisor and the employees who directly report to him or her. However, for a lead person or a working foreman, the ratio is generally smaller—about three or four employees to one lead. The lead person generally works in the same immediate area and performs work similar to that of the other employees more than 50 percent of the time. In your situation, Marisol, the foreman may qualify as a supervisor.

It sounds like employee expectations, job titles, specific responsibilities, and scope of assigned duties may need clarification at your workplace. To define employees’ responsibilities and, thus, expectations for job titles and salaries, it is very helpful to have written job descriptions. Descriptions can clearly define roles, duties, and authority, which can help distinguish between a lead person and a supervisor. Reasonably priced software programs are available that can assist you in drafting effective job descriptions.

You did not mention the type of environment or business you work in, so it is difficult to know if any unique industry standards may apply to your employees’ work. Therefore, my comments here offer general guidelines. The bottom line is that there is no absolute, and the distinction between different employee levels or roles is often blurred.

 

Rhoma Young is founder and head of the HR consulting firm Rhoma Young & Associates in Oakland.

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