Don't expect a job title to help you, or a court, determine an employee's exempt or nonexempt status under the Fair Labor Standards Act (). A manager in name only doesn't make an employee exempt.
That's why you must consider employee titles with care. Take into account their duties and responsibilities, plus the extent to which they differ fromunder their direction. Be especially wary of "assistant" titles, such
as assistant manager or assistant supervisor. If these employees don't have
true supervisory responsibility over two or more full-time workers, you likely shouldn't classify them as exempt.
Recent case: A gas station "manager in charge" was paid a salary, received benefits and classified as an. He handled customer complaints and basic administrative jobs like scheduling and training. But he had little author?ity over hiring and firing, giving raises or setting pay. And 95 percent of the time, he performed the same tasks as the station's car-wash attendants.
A district court found that the gas station misclassified this "manager" and owed him overtime pay. A federal appeals court agreed. Court's reasoning: The manager wasn't an "executive" under FLSA rules because hisduties were slim at best. He supervised only three part-time workers and never more than one person per shift. (Jackson v. Go-Tane Services, No. 02-1468, 7th Cir., 2003)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/557/ignore-job-titles-manager-doesnt-spell-exempt "