Legal Question in Employment Law in Massachusetts
Exempt Status
We are promoting an employee to a position we feel is exempt in status. This person is administrative/specialized and working in a telecommunications dept at a hospital. She maintains ager inventory valued at 500,000 she use discretion in judgement as: tracks all debits and credits, accepts equipmeny from vendor, verfies and accepts correctness of shipment. Trains personnel on more routine parts of job. Programs telecommunication systems in order to activate pagers, knowledge of DPU tariffs to validate Telephone billing and equipment.
Process orders for pagers and other misc. telecomm equipment. Must understand techical concepts for paging and the activation system used at the hospital.
Provide end-user training. Code and track various telecomm. invoices
1 Answer from Attorneys
Re: Exempt Status
Assuming that your description covers the majority of this person's job duties, it does sound a lot like this person will be exempt under the "administrative" exemption to the Fair Labor Standards Act. Often the DOL also looks at certain pay-related factors as well such as, is the person docked pay if he or she misses work? Finally, it is important that even exempt employees be required to keep accurate track of their time because, if the government one day disagrees with your classification of an employee as exempt, it is the employer's burden to prove the hours worked.
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