Defend against misclassification claim with job descriptions and ongoing notes.

When it comes to defending against charges that you erred in the exempt vs. nonexempt classification of an employee, it's crucial to have details about the actual work the employee performs.

While having a detailed job description can help, it must reflect the duties the person is actually performing. Also, have supervisors keep ongoing notes as part of each employee's performance log, noting the duties they're performing and how much (or how little) direction they are provided --plus how much direction the employee provides to subordinates.

Recent case: Susan, the business manager of a zoo, was fired after six years. She sued, alleging she had been misclassified the entire time. She said she should have been an hourly, nonexempt employee and, thus, was due thousands in unpaid overtime.

In court, the zoo said she had been properly classified as an exempt administrative employee. It said she used discretion and independent judgment, performed office work related to general business operations, performed specialized work under general direction, primarily did exempt work and was paid a salary double the minimum wage.

To support its argument, subordinates and supervisors testified about their interactions. Subordinates explained how Susan supervised all aspects of their jobs. And a supervisor explained he gave her general directions and expected her to figure out how to accomplish assigments.

The court tossed out her lawsuit, agreeing with the zoo that she was properly classified as exempt. (Pasquale v. Fresno Zoo, Court of Appeal of California)

Online resource For help with classifications, download our FLSA Checklist: Exempt vs. Nonexempt Status at www.theHRSpecialist.com/FLSAchecklist.

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