Look at duties—Not job title—When determining FLSA status — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Look at duties—Not job title—When determining FLSA status

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in Firing,Hiring,Human Resources

Too many employers make a common mistake when deciding whether an employee is entitled to overtime under the Fair Labor Standards Act (FLSA): They look at a job title and conclude that it sounds managerial—and therefore it must be an exempt position.

Even worse, they sometimes slap an impressive-sounding title on a position they suspect is actually hourly, hoping employees and the U.S. Labor Department will assume the position is exempt.

It won’t work. Lawyers who represent employees learned long ago to look beyond titles to the actual job. Now they’re also looking at related jobs to see if they can include even more employees in their lawsuits—ideally, everyone who performs similar tasks.

What counts is the job itself, and the tasks actually being performed by the jobholder. The title doesn’t count. Otherwise, everyone would be an “account manager” or a “coordinator,” and no one would be an hourly employee.

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