'Exempt or Non Exempt Essay\r'

'1. Amy categorize the replacement leadershiphip for exonerate posture because some of their none functions f all within the criteria of an exempt employee. The criteria’s she based the exemption status on were their responsibilities and duties which enabled them to countenance a certain quantity of authority and other factors led to the friendliness for the exemption status. The nature of their duties as double-deckers allowed them the might to delegate and assign the employee to the various wreak atomic number 18as. They were further classified because of their solar day to day responsibility that included running the floor, do limited managerial decisions, ability to seat in on potential opinion interviews, knowing first hand who is astir(predicate) to be terminated as strong as providing feedback for associates performance review to the ancillary managers. In addition to the managerial duties which were befool for a elegant portion of the day, the y had to shine the role of the associates by assisting customers and ringing up sales for the greater portion of the day.\r\nSince the group leaders has some form of responsibilities as a manager Amy believes that she can appropriately fall apart them as exempt employees which qualifies for no over m collapse; she even audience the FLSA to Jane. By classifying the shift leaders as exempt allows for Amy to pay them a remuneration which is non clearly stated in the case. to a fault under the provisions of the FLSA if you atomic number 18 qualified as an exempt employee, you ar non en actd to overtime pay. in conclusion, the plane section stemma is benefiting greatly because upper focus is able to get more than the continual 40 minute of arcs out of the employees with the benefit of not having to pay them time in a half or overtime for the tautological hours worked which go pasts Amy leverage because she’s able to appreciation her personnel budget down.\r\n2 . The shift leaders atomic number 18 not properly classified as exempt employees. In sound out for selectation for an employee to be exempt the employer moldiness take into consideration several factors. Those factors live of the type of mystify that is held by an someone which are executives, administrative, versed professional, creative professional, calculating machine workers and outside sales are qualifications for an employer to consider an exemption status for the employee which falls in line with FLSA. According to the case, none of these leaders fall into any of the above category. The pay is another element that must be taken into consideration.\r\nAlthough the case does not discipline how much the team leaders are getting salaried, we know for sure that they are not paid nearly as much as the assist manager however they are paid middling higher than the associates. Another factor is that they are associates majority of the time with a small portion of time bei ng allocated to managerial duties. To further advocate why they should not be exempt, is due to the needed favourable reception from the assistant manager and or the store manager for sales returns that exceed $50.00 which eliminates them from making any significant judgment calls that is allowed by managers. Finally, the team leaders do not hire they only sit in on interviews, they do not make the daily schedule for associates only the assistant manager does, they don’t give appraisals however they do give infix and they are not involved in managerial decisions. In order for managers to be considered exempt they would need to birth collar autonym to decision making and the majority of their time should be spent on managerial duties instead of doing the work of an associate some of the time.\r\n3. The things that Amy needs to consider before classifying shift leaders as exempt or non exempt employees are the requirements of the FLSA which consist of the fee base test. I f the employee are being paid hourly than they are non-exempt and qualifies for overtime, if they are compensation than they don’t qualify for overtime. The employee localize of pay, job position (Executive, Administrative, Professional (both learned and creative professionals), Computer professional and away sales, as well as a job analysis needs to be done in order to classify the employee as exempt or non exempt. Also the fair Pay Rules that was implemented in 2004 have guidelines for which compensation ensconces if the employee is deemed exempt.\r\nIf a detailed analysis of manager’s duties was performed she would have been able to determine that they do not qualify as exempt employees; title alone can’t determine ones status. To expand things further her team leads were each quitting or complaining about not getting paid for all the special(a) hours worked so she should have consulted with HR to get word that the proper status had been selected. In addition, she should have verified how many hours a exempt employee can work legally in excess of a 40 hour work week without getting compensated. Lastly other things she should have questioned before stipulating status; are the team leads getting medical checkup insurance, paid vacation, sick pay and all the benefits that is associated with a full time position that is considered exempt.\r\n'