Document elements of exempt position to knock down FLSA claims — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Document elements of exempt position to knock down FLSA claims

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in Human Resources

Winning Fair Labor Standards Act cases involving employees who claim they shouldn’t have been classified as exempt usually means being able to document exactly what employees do on the job and the conditions under which they work.
    Recent case: Wolfgang Hein, a financial advisor for PNC Investments, earned more than $100,000 a year.
Yet he sued, alleging he should have been classified as a nonexempt employee because he occasionally performed clerical tasks.
    The court rejected his claim, pointing to PNC’s description of Hein’s lack of supervision, the independent judgment he regularly exercised and his high income. He fit the classic description of a white-collar employee. (Hein v. PNC Investments, No. 06-2713, ED PA, 2007)

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