Per yesterday’s Advisor, the exempt/nonexempt designation can be terrifically important: To employees, to you, and to the government. Today we’ll look at two ways to make it simpler and easier.
One of the easiest ways to deal with exemption issues is to use a chart, says attorney Tom Makris of Pillsbury Winthrop Shaw Pittman, LLP of Sacramento, California, who spoke at a recent BLR audio conference.
A question/answer chart is simple to prepare, simple to execute, and serves as a clear indicator that you made a reasoned decision, says Makris. (You’ll need a similar chart for each of the exemptions you might find at your workplace, and be careful about state law. In some states, such as California, state law can and does conflict with or override the FLSA.)
Here’s the chart he uses for the executive exemption:
Job Descriptions Define the Job
The other source for exemption evaluations is the job description. That’s where you will find out what people actually do and for what they are responsible. (Remember, titles don’t mean much to the DOL; it’s what the people do that counts.)
Your best FLSA classification tools are job descriptions, and yours are already written. They’re there, by the hundreds, in BLR’s classic Job Descriptions Encyclopedia. Try it at no cost or risk. Click for info
If you’re concerned, however, that your job descriptions might not be quite as well executed as they should be (or if you’ve never even written them), you’re not alone. Thousands of companies fall short in this area.
It’s easy to understand why. Job descriptions are not quick to do and they are not easy— what with updating and management and legal review, especially for the Americans with Disabilities Act’s requirement of a split off of essential vs. other functions in the description. Wouldn’t it be great if they were available, already written?
Actually, they are. We have more than 500, ready to go, covering every common position in any organization, from receptionist right up to president. They are in an extremely popular BLR program called Job Descriptions Encyclopedia.
First created in the 1980s, the “JDE” has been constantly refined and updated over time, with descriptions revised or added each time the law, technology, or the way we do business changes.
Prewritten job descriptions in the Job Descriptions Encyclopedia now come with pay grades already attached. Try the program at no cost. Click to learn more.
Revised for the ADA, Pay Grades Added
There was a major revision following the passage of the ADA, for example. In fact, BLR editors took every one of those 500 descriptions apart and reassembled them to be ADA-compliant.
Another, more recent addition was that of pay grades for each job, based on BLR’s extensive annual surveys of exempt and nonexempt compensation, and on other data. According to our customers, this is an enormous timesaver, enabling them to make compensation decisions even as they define a position. You can see a sample job description from the program by clicking here. (Yes, it is the one for HR manager. Pay grade: 38.)
The BLR Job Descriptions Encyclopedia also includes an extensive tutorial on setting up a complete job descriptions program, and how to encourage participation from all parts of the organization. That includes top management, the employees, and any union or other collective bargaining entity.
Quarterly Updates, No Additional Cost
Very important these days, quarterly updates are included in the program as a standard feature—key at a time of constantly changing laws and emerging technologies. We’ll send you new or revised descriptions every 90 days. And the cost is extremely reasonable, averaging less than 66 cents per job description … already written, legally reviewed, and ready to adapt or use as is.
You can evaluate BLR’s Job Descriptions Encyclopedia at no cost in your office for up to 30 days. Just click here, and we’ll set things up.
Download product sample
Download list of job descriptions included