Hello. I need some help in determining whether or not my husband's job should be considered exempt or non-exempt. I've tried to do some research on my own, but I'm more confused now than when I started.

Here are some facts: He receives a salary, which I now understand shouldn't necessarily make him exempt. He is considered a manager and does supervise other employees during his shift; however, he is regularly shorthanded and must fill-in by doing tasks that are typically for non-exempt employees. I found an article that states that a key feature of an exempt employee is that they use discretion and independent judgment; however, my husband has established company procedures and specific policies that he must follow. Although his title is "manager" he does not have a hand in hiring, firing, advancing, etc. other employees and he does not assign work, schedule employees or manage inventory.

I'm sure his employer has classified him as exempt. By paying "x" amount to work an employee as many hours as they want - it's definitely in their best interest to do so. I'm just wondering if this classification is in fact correct before going any further. Thanks!