exempt v non-exempt

Kelley jimmyjames at softhome.net
Fri Jan 3 17:16:16 PST 2003


Hey labor lawyer types (and anyone else),

As I understand it, there are three criteria for determining whether an employee is exempt or non-exempt from the FSLA.

1. If someone hold a managerial position, they are exempt.

2. If they are doing highly skilled, professional work. E.g., a computer programmer is usually exempt whereas a computer hardware technician is not. An accountant is exempt, a bookkeeper is non-exempt.

3. If they are in an administrative or sales position. An administrative assistant to a dept chair is exempt, a secretary is non-exempt. An outside sales rep is exempt, an inside sales person is non-exempt.

Question: I seem to recall that, in California, maybe the nation overall, the (or one) defining distinction is whether or not an employee actually creates a product from which the company makes a profit. Anyone ever heard about this or seen a reference to it?

What's the rationale behind this if it is the case that it has to do with product?

Thanks,

Kelley



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