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Service Technician, Exempt or Non-Exempt Illinois

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  • Service Technician, Exempt or Non-Exempt Illinois

    I have 1 Service Manager which we have classified as Exempt. However, he has 2 service technicians now. It has become a matter of opinion that they should also be classified as Exempt under the professional classification. I was told once by the IL. DOL that the service technicians would be considered Non-exempt but our Service Manager was Exempt.

    Our service technicians are sent through out the US and once in a while overseas on a service call to repair machines or install new machines just purchased and delivered. We manufacture our own machines, they are CNC folding and shearing machines used to bend or cut sheet metal. When they are not out on a service call they are in-house taking calls and assisting customers over the phone with any problems they may be having. A degree is not required for the position. In fact our Manager has no further education than HS, he was trained to repair these machines. One of our new service techs holds a degree in Science Engineering.

    Could the service tech's be classified as Exempt and not be paid OT?

    Thank you kindly to anyone willing to offer their expertise.
    Kimberly

  • #2
    Originally posted by KKern View Post
    I was told once by the IL. DOL that the service technicians would be considered Non-exempt but our Service Manager was Exempt.
    This is still correct. The Service Techs are entitled to OT pay, the Service Manager is not.

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    • #3
      BTW, the service manager's JOB DUTIES must classify him as exempt. The job title alone is not enough.
      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
        According to the OP, the Service manager's job was originally classified as exempt by the IL DOL. Since then the Service Manager's job duties have changed, in that the Service Manager now has two direct reports. I don't see how the addition of two direct reports could change a job from exempt to non-exempt.

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        • #5
          There are something like 100 or Exempt classificaiions under the federal FLSA law. Most states follow FLSA as is. Those that do not have rules that in addition to, not instead of, FLSA. So if FLSA says an employee is not Exempt, there is nothing any state can do to make that employee Exempt. The reverse is not true. If the feds feel that the employee can be Exempt, the state can create tougher rules that make the employee non-exempt. So always start with the federal rules. If the feds think that the employee can be Exempt under a specific classificaiton, then and only then do the state rules beome interesting.

          The most common FLSA exceptions are the so-called White Collar exceptions. I would start with the Executive and see if that works. If not, possibly Administrative although that is likely a stretch.
          http://www.dol.gov/whd/regs/complian...a_overview.pdf

          Like the other answer said, job titles are legally meaningless. You always look at duties and sometimes the industry. The White Collar exceptions are not industry specific, so only the job duties are of interest.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            I'm not saying the job did change status. I'm just pointing out that not every job in IL with the title of Service Manager is automatically going to be exempt by virtue of the title. It sounded, to me at least, as if the OP thought that the title was enough to make it an exempt job, and it's not. That's all I'm saying.
            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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            • #7
              Agreed. ......
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                Originally posted by cbg View Post
                I'm not saying the job did change status. I'm just pointing out that not every job in IL with the title of Service Manager is automatically going to be exempt by virtue of the title. It sounded, to me at least, as if the OP thought that the title was enough to make it an exempt job, and it's not. That's all I'm saying.
                Thank you for your response. No his job duties have not changed. I should have been more clear I was just merely stating that basically we have added 2 positions under him.

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                • #9
                  It wasn't the OP that decided the OP's Service Manager position was exempt, it was the IL DOL. I am not going to question that ruling - if the DOL says the OP's Service Manager position is exempt, then the OP's Service Manager position is exempt.

                  The OP originally said that the Service Manager's job duties had changed only in that two more direct reports had been added to this exempt job. The OP later confirmed this. Given this, and given my knowledge of the difference between exempt and non-exempt status, I cannot for the life of me wrap my brain around the possibility, no matter how remote, that the addition of two direct reports to this exempt position (as ruled by the DOL) could somehow change the position's exempt status to non-exempt. Just can't picture it.
                  Last edited by eerelations; 08-03-2012, 04:55 AM.

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                  • #10
                    I am not saying that it did. I am not even suggesting that it did. I have no reason to believe that the exempt status of the position of Service Manager, for this OP, has changed. I understand that the determination was made by the IL DOL and I am not questioning that ruling.

                    I am saying, for the benefit of the OP and any future readers, that the position is exempt because of the job duties that THIS EMPLOYER has assigned to the position in question, and not because the position title is Service Manager. Far too many people believe that you can make a position exempt by putting Manager in the job title. Just because at THIS employer the position of Service Manager meets the qualifications of exempt, does not mean that every employer in IL can call a position Service Manager and have it be an exempt position if the job duties are different from this Service Manager.
                    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.

                    Comment


                    • #11
                      OK understand.

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