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Exempt Employee violations Texas

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  • Exempt Employee violations Texas

    What determines if an exempt position violates labor laws?
    I am classified as an exempt employee who works 50+ hours each week. I do have the authority to hire and discipline employees, but the majority of my duties (90%+) involve manual labor.
    Does this violate "exempt" status? My understanding was that 50% of an exempt position should be administrative.
    Last edited by GesBusiness; 04-08-2008, 08:58 PM.

  • #2
    The percentage test has pretty much gone by the wayside with the new regulations of a few years ago. However, if you're doing that much manual labor on a regular basis, I would have a hard time justifying exempt status if I were the employer.

    You can call the TWC or the federal DOL to get a confirmation from the horses's mouth.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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