Exempt Temporary Role: Jeffrey A. Dretler Provides Advice in August 24, 2009 "Job Doc" Column

The issues raised concern an employer who is contracting with a staffing agency to fill a position temporarily while the existing employee is on leave.  The agency stated that the employer needs to pay overtime for hours in excess of 40 hours a week, while the employer believes this is not necessary since this is a "professional" position and should be classified as “exempt.” According to the article, it’s a good idea to “review all classification issues carefully,” since “Massachusetts recently amended its laws to making treble (triple) damages mandatory for violations of wage and hour laws.”

Jeff provides the deciding factors for determining whether a position is exempt or non-exempt, stating,  "In order to be considered exempt, the position must satisfy the criteria for one of the white collar exemptions set forth in the federal Fair Labor Standards Act (FLSA): (1) Executive Exemption; (2) Professional Exemption; or (3) Administrative Exemption. To satisfy any of these exemptions, the employee must be paid on a salaried basis of at least $455 per week and meet the “duties” test of each particular exemption.

Click here to read the complete article and all the information Jeff provided.