I work for a small AIDS nonprofit with 15 employees. Two of the employees are Housing Case Managers. Based on the following job description, could you please tell me if these two employees are correctly classified as non-exempt? Thanks.

JOB DESCRIPTION
Provide intake and assessment; Formulate, with client’s participation, housing plans; Formulate, with client’s participation, budget plans; Building housing resource lists, generated from HOPWA Housing Clearinghouse; Make referrals to appropriate housing within the continuum of care; Assist client in applying for housing assistance (e.g., emergency vouchers, STAP, Section-8, etc.); Assist clients in moving into housing; Educate clients about tenant rights and responsibilities; Act as an ongoing liaison between clients and property owners and case managers; Obtain pertinent information from clients, their family members and/or significant others as it relates to clients housing needs; Facilitate service requests for in-house and non in-house housing programs; Maintain accurate client records and statistical data; Submit complete client application for review to supervisor; When necessary, investigate case under direction of supervisor; Provide clients, their families and/or significant others with information/referral; Collect and document all client encounters and services provided; Data input including register new clients, checks, and incoming invoices, outcomes, and housing plans; Manage and answer client service phone calls; Manage and schedule client appointments; Filing of case records

There's a lot of "facilitation" and "formulation" going on there. Generally speaking, I would say the position could be classified as exempt under federal regulations, under the Administrative classification, but California has stricter guidelines, which I'm not an expert on.

We have a couple of California attorneys who post here and one of them should be able to give you an opinion based on California law. Be patient. :)

Also, even if a position qualifies to be exempt, an employer may legally choose to make it non-exempt (the reverse is not true).