I have 2 salaried employees, they are estimators and deal mainly with customers, they are trained with estimating systems, and basically they handle paperwork and customers, are they exempt from overtime?, at times if they are dealing with a customer that comes in at 4:55pm and needs help with an estimate, I do not want the estimator to come and ask me if they can work overtime in order to take care of the customer
Country relating to Question: United States
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today. We have recently implemented a new payment and feedback system. Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a lower rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab. I appreciate your patience while we adjust to the new system.For an employee to be exempt from minimum wage and Overtime requirements, he must meet three conditions.1. He is paid the same amount, regardless of the number of hours worked in a given week (so they're not docked if they leave early or take a long lunch).2. That salary exceeds $455/week.3. They perform exempt job duties. There are three types - executive, professional, or administrative. Executive is going to be a manager of some sort, and it doesn't sound like that applies. Professional refers to the type of job that requires some sort of special degree, such as lawyers engineers, or something similar. It could also refer to an artist or musician, depending on the work performed. Administrative has to be related to management as well. Here is more information:http://www.flsa.com/coverage.htmlIt really may come down to what they actually do. If they're primarily customer service representatives, they wouldn't be considered exempt, and you would have to pay them overtime, if they go beyond 40 hours in a given workweek.Please remember to rate my service before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - if not, please click "reply" so that we may continue the conversation. Good luck.
The Regulatory definition provides that exempt administrative job duties are
(a) office or nonmanual work, which is(b) directly related to management or general business operations of the employer or the employer's customers, and (c) a primary component of which involves the exercise of independent judgment and discretion about (d) matters of significance. the estimators deal with customers and are constantly making independent judgements regarding repairs, not sure if this makes them exemo
(a) office or nonmanual work, which is(b) directly related to management or general business operations of the employer or the employer's customers, and (c) a primary component of which involves the exercise of independent judgment and discretion about (d) matters of significance.
the estimators deal with customers and are constantly making independent judgements regarding repairs, not sure if this makes them exemo
Dealing with customers isn't going to be considered management or general business operations in most cases. That has more to do with bookkeeping functions. The fact that they exercise independent judgment can tend to make them exempt, but they have to meet all of the requirements.Also, it depends on how significant the matters they're exercising judgment on are (it sounds like it's what you primarily do for business, which sounds pretty important), and what sort of oversight there is. Do they have to run things by you? Do they have certain guidelines to follow? Or do they have total autonomy? The more freedom management or general business operations work they do, and the more they have to exercise judgment, the more likely it is that they can be considered exempt.
Former judicial law clerk, lawyer
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