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