Don’t rely on old job descriptions or résumés to prove you have properly classified an employee as exempt from overtime. Instead, make sure employees’ job descriptions actually reflect the day-to-day work they’re performing. Little else counts.
It’s a good idea to have employees regularly revise their job descriptions to include any new tasks and delete ones no longer performed. Then someone in HR should review the descriptions. Get independent verification that the employee’s description is correct by talking to a supervisor or performing a desk audit. Change the exemption status if it turns out the employee should be reclassified.
Otherwise, you run the risk that the employee will come back later (perhaps after being fired) to claim she was really an hourly employee—and is due thousands of dollars in overtime pay.
Recent case: Shirley Boring worked for the World Gym, starting as a data-entry hourly employee and q...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- It's up to employees to press harassment complaints
- Can a small employer deny leave to an employee whose spouse is seriously ill?
- What's likely to happen when an employee waits two months to charge harassment?
- 5 ways to bust stress: No. 1 job killer