3 job descriptions below - Two of the jobs CAN appropriately fall under the exempt status, meaning they are exempt from the overtime rules of the FLSA. When a position is classified as exempt, it is paid by salary. One position CAN NOT fall under the exempt status. Your assignment is to determine which two of the three are exempt, and under which exemption classification each fall. In addition, for the one which is non-exempt, explain why it does not meet the criteria for exempt status. Manufacturing Engineering Manager Summary/Objective The manager of manufacturing engineering position oversees the development and implementation of manufacturing processes to maintain proper product functionality as well as cost efficiency; ensures the engineering team and other manufacturing departments work together cohesively and is responsible for the development of equipment to aid in the manufacturing process; leads and directs the work of assigned manufacturing engineers and project engineers. Essential Functions Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. 1. Analyze and design lean manufacturing cells using effective systems and simulation tools to optimize, use of space, equipment, material and personnel. 2. Assist in developing plant layout in planning rearrangement of facilities, equipment and operations for better utilization of space. 3. Work closely with research and development, quality assurance and maintenance personnel to prevent problems with products and tooling/fixtures. 4, Ensure all manufacturing safety regulatory policies and procedures are implemented and maintained at all times. 5. Stay informed concerning new manufacturing technologies and equipment in order to manufacture and reduce cost through efficiencies. 6. Support all current and new product introductions. 7. Ensure vendors/subcontractors are manufacturing products according to product specifications. 8. Determine and eliminate root causes and diminish occurrences in the manufacturing process. 9. Ensure that all manufacturing product specifications are developed and testing procedures are in place before starting up vendors/subcontractors. 10. Able to assist in reducing cost through re-engineering product/material. 11. Assist in the assessment of vendor/subcontractor evaluation for consideration. 12. Responsible for training vendors/subcontractors on new product launches to meet target date. Competencies 1. Problem Solving/Analysis. 2. Technical Capacity. 3. Project Management. 4, Communication Proficiency. 5. Organizational Skills. Supervisory Responsibility This position manages all employees of the department and is responsible for the performance management and hiring of the employees within that department. Work Environment While performing the duties of this job, the employee is frequently exposed to fumes or airborne particles, moving mechanical parts and vibration. The noise level in the work environment can be loud. Physical Demands The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job, the employee is regularly required to talk or hear. The employee frequently is required to stand; walk; use hands to finger, handle or feel; and reach with hands and arms. Position Type/Expected Hours of Work This is a full-time position, and hours of work and days are Monday through Friday, 8:30 a.m. to 5 p.m. Travel This position requires up to 25% travel. Some of the travel is international. Required Education and Experience 1. Bachelor's degree in mechanical engineering. 2. 7-10 years of progressive experience in manufacturing engineering. 3. Management experience. Preferred Education and Experience 1. Experience in tool design and modifications Travel Counselor Summary/Objective The travel counselor position is responsible for making professional, accurate, cost-effective travel arrangements for all clients within company guidelines and standards for excellent customer service. Essential Functions Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. 1. Completes travel arrangements for client with air, hotel, car, tour, cruise and ground transportation vendors at the lowest possible fares. Utilizes preferred vendors to maximize profit for branch and parent company. 2. Follows company procedures, guidelines and standards in the areas of customer service, building Passenger Name Records (PNRs) and profiles, ticketing, utilization of front room Computer Reservations System (CRS) productivity, attendance, accuracy or work, invoicing, etc. 3. Participates fully as a team member to assist as needed in completing all functions related to servicing the client, including ticket processing, clerical functions, prepaid tickets, debit memos, etc. 4, Researches and provides solutions to travel-related problems clients may have experienced with arrangements provided them by customer service referral. 5. Fully informed and stays abreast of all airline rules and regulations, tariffs (domestic) and other industry requirements and accurately applies this information when making travel arrangements. 6. Maintains a high level of competency in operating the CRS. 7. Attends staff and training meetings for ongoing updates in the travel industry and office procedures. 8. Keeps immediate superior promptly and fully informed of all problems or unusual matters of significance and takes prompt corrective action where necessary or suggests alternative courses of action. 9. Maintains a favorable working relationship with all other company employees to foster and promote a cooperative and harmonious working climate that will be conducive to maximum employee morale, productivity and efficiency/effectiveness. Competencies 1. Technical Capacity. 2. Communication Proficiency. 3. Customer/Client Focus. 4, Flexibility. 5. Teamwork Orientation. Supervisory Responsibility This position has no supervisory responsibilities. Work Environment This job operates in a professional office environment. This role routinely uses standard office equipment such as computers, phones, photocopiers, filing cabinets and fax machines. Physical Demands The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. The employee is occasionally required to sit; climb or balance; and stoop, kneel, crouch or crawl. The employee must frequently lift and/or move up to 10 pounds and occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception and ability to adjust focus. Position Type and Expected Hours of Work This is a full-time position, and hours of work and days are Monday through Friday, 8:30 a.m. to 5 p.m. Travel No travel is expected for this position. Required Education and Experience 1. High school diploma. 2. Certification from an accredited travel program. Corporate Attorney Summary/Objective The corporate attorney is responsible for all company litigation from inception to trial, as well as day- today case management. The corporate attorney is responsible for assisting management on all corporate legal and regulatory matters. Essential Functions Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. 1. Assists management on general contracts, third-party agreements and vendor supplier relationships. 2. Brings and pursues lawsuits, including drafting/arguing pre-trial motions, handling depositions, participating in trial with and without a jury, and handling appeals. 3. Manages external counsel and general litigation. 4, Assists management with employment law concerns, contracts, claims and creating company policies. 5. Ensures compliance with trademarks, patents, intellectual property and trade secrets. 6. Creates business legal reports and correspondence, and effectively presents information to senior management. 7. Responds to inquiries from regulatory agencies, customers and the business community. Competencies . Leadership. . Financial Management. . Ethical Conduct. . Personal Effectiveness/Credibility. . Strategic Thinking. . Communication Proficiency. . Business Acumen. . Thoroughness. . Time Management. Woo ~J o b WM Supervisory Responsibility This position has supervisory responsibilities of direct reports within the department. Work Environment This job operates in a professional office environment. This role routinely uses standard office equipment such as computers, phones, photocopiers, filing cabinets and fax machines. Physical Demands The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job, the employee is regularly required to talk or hear. The employee is frequently required to stand; walk; use hands to finger, handle or feel; and reach with hands and arms. Position Type and Expected Hours of Work This is a full-time position. Days and hours of work are Monday through Friday, 8:30 a.m. to 5:00 p.m. Travel Travel is primarily local during the business day, although some out-of-area and overnight travel may be expected. Required Education and Experience A. 1.1.D. with admission to the state bar. B. Six to ten years of applicable law practice experience. Preferred Education and Experience 1. Seven to ten years of corporate litigation experience. Requirements U.S. Department of Labor Wage and Hour Division (Revised July 2008) Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA) This fact sheet provides general information on the exemption from minimum wage and overtime pay provided by Section 13(a)(1) of the Fair Labor Standards Act as defined by Regulations, 29 CFR Part 541. The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. However, Section 13({a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a){1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the Department's regulations. See other fact sheets in this series for more information on the exemptions for executive, administrative, professional, computer and outside sales employees, and for more information on the salary basis requirement. Executive Exemption To qualify for the executive employee exemption, all of the following tests must be met: The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less than 5455 per week; The employee's primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise; * The employee must customarily and regularly direct the work of at least two or mare other full-time employees or their equivalent; and The employee must have the authority to hire or fire other employees, or the employee's suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight. Administrative Exemptions To qualify for the administrative employee exemption, all of the following tests must be met: The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than 5455 per week; * The employee's primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer's customers; and * The employee's primary duty includes the exercise of discretion and independent judgment with respect to matters of significance. FS 17A Professional Exemption To qualify for the learned professional employee exemption, all of the following tests must be met: The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than 5455 per week; * The employee's primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment; The advanced knowledge must be in a field of science or learning; and The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction. To qualify for the creative professional employee exemption, all of the following tests must be met: * The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week; The employee's primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor. Computer Employee Exemption To qualify for the computer employee exemption, the following tests must be met: The employee must be compensated either on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week or, if compensated on an hourly basis, at a rate not less than $27.63 an hour; * The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below; The employee's primary duty must consist of: 1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; 2} The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; 3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or 4) A combination of the aforementioned duties, the performance of which requires the same level of skills. Outside Sales Exemption To qualify for the outside sales employee exemption, all of the following tests must be met: The employee's primary duty must be making sales (as defined in the FLSA), or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and * The employee must be customarily and regularly engaged away from the employer's place or places of business. Highly Compensated Employees Highly compensated employees performing office or non-manual work and paid total annual compensation of $100,000 or more (which must include at least $455 per week paid on a salary or fee basis) are exempt from the FLSA if they customarily and regularly perform at least one of the duties of an exempt executive, administrative or professional employee identified in the standard tests for exemption. Blue Collar Workers The exemptions provided by FLSA Section 13(a){1) apply only to \"white collar\" employees who meet the salary and duties tests set forth in the Part 541 regulations. The exemptions do not apply to manual laborers or other \"blue collar\" workers who perform work involving repetitive operations with their hands, physical skill and energy. FLSA-covered, non-management employees in production, maintenance, construction and similar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers and laborers are entitled to minimum wage and overtime premium pay under the FLSA, and are not exempt under the Part 541 regulations no matter how highly paid they might be. Police, Fire Fighters, Paramedics & Other First Responders The exemptions also do not apply to police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, investigators, inspectors, correctional officers, parole or probation officers, park rangers, fire fighters, paramedics, emergency medical technicians, ambulance personnel, rescue workers, hazardous materials workers and similar employees, regardless of rank or pay level, who perform work such as preventing, controlling or extinguishing fires of any type; rescuing fire, crime or accident victims; preventing or detecting crimes; conducting investigations or inspections for violations of law; performing surveillance; pursuing, restraining and apprehending suspects; detaining or supervising suspected and convicted criminals, including those on probation or parole; interviewing witnesses; interrogating and fingerprinting suspects; preparing investigative reports; or other similar work. Other Laws & Collective Bargaining Agreements The FLSA provides minimum standards that may be exceeded, but cannot be waived or reduced. Employers must comply, for example, with any Federal, State or municipal laws, regulations or ordinances establishing a higher minimum wage or lower maximum workweek than those established under the FLSA. Similarly, employers may, on their own initiative or under a collective bargaining agreement, provide a higher wage, shorter workweek, or higher overtime premium than provided under the FLSA. While collective bargaining agreements cannot waive or reduce FLSA protections, nothing in the FLSA or the Part 541 regulation relieves employers from their contractual obligations under such bargaining agreements. Where to Obtain Additional Information For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866- 4USWAGE (1-866-487-9243). When the state laws differ from the federal FLSA, an employer must comply with the standard most protective to employees. Links to your state labor department can be found at www.dol.gov/whd/contacts/state_of.htm. This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. U.S. Department of Labor 1-866-4-USWAGE Frances Perkins Building TTY: 1- 866-487-9243 200 Constitution Avenue, NW Contact Us