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Exempt vs Non-Exempt Wisconsin

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  • Exempt vs Non-Exempt Wisconsin

    I was just to a seminar on Human Resources and the Law and my instructor noted that if an exempt employee is doing more than 20% of non-exempt work that they shouldn't be included as an exempt employee. Is this correct? Is there anywhere I can get proof of this or documentation?

  • #2
    It's in the Fair Labor Standards Act.
    I am not able to respond to private messages. Thanks!

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    • #3
      Although 2004's Fair Pay Act amended that to, I believe 50%.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Agreed.

        http://www.dol.gov/esa/regs/complian...irpay/main.htm
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Actually, the 20% threshhold was done away with when the FLSA was amended in August, 2004. Now, it's just
          Determination of an employee’s primary duty must be based on all the facts in a particular case, with the major emphasis on the character of the employee’s job as a whole.
          http://www.dol.gov/esa/regs/complian...a_overview.htm

          And, doesn't THAT just scare ya, when that's what these seminar "leaders" are saying?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Originally posted by Pattymd View Post
            And, doesn't THAT just scare ya, when that's what these seminar "leaders" are saying?
            Those that can, do. Those that can't, teach seminars on the subject.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              I agree with PattyMD, there is no % on the new 541. The main issue is that primary duty requirements.
              ========================================

              "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

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