Fair Labor Standards Act
Exempt/Non-exempt Test Re-JEQs
Additional determination regarding the placement of an individual in an
Exempt class:
Discretionary and judgment test - exercising independent
discretion and judgement requires more than application of knowledge
or skill in following prescribed procedures; e.g., measuring, testing,
comparing to establish criteria or standards. Independent judgment is
used when an employee determines the nature of a problem or evaluates
data and formulates a response or solution that is not required by an
established protocol. The decision must concern significant matters,
though final decision-making authority is not required.
Duties test - the work being done must be of substantial importance
and related to the management or operation of the business, and must
be the primary duties of the position. (Example: Primarily being in
charge of others' work, although some production work may be done, too.
This especially affects JEQ questions:
| |
#17 |
- one time only projects |
| |
#18-19 |
- independent judgment |
| |
#21-25 |
- mental effort |
|
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