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 Department of Human Resources & Equal Opportunity

Workers' Comp

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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Last modified on 12/07/16 01:09 PM
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