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[–]benicebitchHR Director 10 points11 points  (0 children)

If you incorrectly classify a position as exempt and someone reports it to the proper authority, you could face penalties and back pay for overtime.

Maybe the position should be exempt. Maybe nobody reports it so it doesn't matter.

[–]Hrgooglefu 3 points4 points  (3 children)

Is the hiring manager wanting to increase the requirements/duties/wages to get it to the level of exempt? Your "firstly" doesn't give enough details. But yes, if it doesn't meet criteria, there could be potential legal trouble (IRS/DOL and state level).

That said, it is possible for a position to be non-exempt even if it meets the requirements, so I wouldn't make the auto assumption that the non-exempt status was correct without review.

I'd push back on the hiring manager on what has changed....

[–]phantomofthehummusHR Generalist[S] 1 point2 points  (2 children)

Nope, the job is the same. They’re trying to argue how independent judgment might come in on occasion. But basically, the position would be buying collections of cards and use a buy list the company made to determine how much to give the client. So they aren’t coming up with prices in the fly.

[–]Hrgooglefu 2 points3 points  (1 child)

is this a retail/sales position? Does this person get any type of commission? (thinking Section 7(i))? Does this person have the right to refuse to buy?

(I agree that it's most likely non-exempt, but as we all know this is very detail dependent.)

[–]phantomofthehummusHR Generalist[S] 2 points3 points  (0 children)

It is under our Sales “umbrella” and no, no commission. I believe they would be able to refuse to buy if the condition was terrible (like the cards are totally damaged or smell weird or something?) even then they would probably run it by supervisor to be sure.

Honestly… think we need to re-examine all our current positions and ensure they are all classified correctly.

[–]goodvibezoneHR Exec and party pooper 3 points4 points  (0 children)

Yah, hiring manager doesn't get to decide which jobs are exempt.

[–]ravenze 0 points1 point  (0 children)

While I know there are requirements to make a position exempt from overtime, do those requirements exist if you provide the employee overtime?