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prewritten job description for sales/marketing
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prewritten job description for sales/marketing
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I am looking for a job description for sales/marketing position in publishing industry that will make it an exempt position. Greatly appreciate any input you may have.
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Forums » Topic Forums » General Forum » prewritten job description for sales/marketing
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prewritten job description for sales/marketing
posted at 5/19/2005 7:05 PM EDT
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Posts: 4
First: 5/18/2005 Last: 5/24/2005 |
Our current job description for our sales staff had been reviewed by our lawyers and they were determined to be non-exempt because they are not out of the office more than 50% of the time and they are not supervising two or more employees. When I asked from the lawyers a sample of an exempt job description for sales/marketing position, they could not provide one. These sales/marketing positions are highly paid and they are between $70k-$100k basic salary not including their commission payments. I hate to have them non-exempt and pay OT when they work on weekends to travel out of state to attend functions that will give them a chance to meet potential clients. Also I think it will have an unfavorable effect the culture of the company if we have these sales staff clock in and out. |
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prewritten job description for sales/marketing
posted at 5/20/2005 1:23 AM EDT
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
Simply having descriptions of exempt jobs will not let you off the OT pay hook. The employees whose jobs are described in the job descriptions have to be actually DOING the things listed in the job descriptions.
If your lawyers have said that these people need to be out of the office more than 50% of the time + supervise two or more employees in order for their positions to be legally classified as exempt, then that's what needs to happen - you need to change their work schedules so they're out of the office more, and provide them with more employees to supervise. Do that and you won't need any job descriptions. |
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prewritten job description for sales/marketing
posted at 5/22/2005 3:51 AM EDT
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Posts: 32
First: 4/30/2005 Last: 8/19/2008 |
With all due respect, even if your sales people aren't managing people, you can classify them as exempt. I was a business development manager in 3 of my 4 jobs and have always been exempt. In 2 of those jobs, I didn't start out supervising anyone and was classified as exempt. Personally, I'd rely on the opinion of your accountant and not so much your lawyers. |
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prewritten job description for sales/marketing
posted at 5/24/2005 2:14 AM EDT
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
Beware reddnsassy's advice! It may well be his/her employer(s) misclassified his/her job(s)! (It sure sounds like it!)
Reddnsassy, please understand it's not the employer that classifies jobs as either exempt or non-exempt. Nor is it accountants or lawyers. It's the DoL. Period. Employment lawyers are sometimes hired by employers to explain the DoL's regulations to them. This is because employment lawyers specialize in employment law (duh!) and consequently have a very good understanding of employment laws (they must, it's their business). Accountants on the other hand have no business whatsoever to be interpreting employment laws. They have no training in that area, no background, they're just not qualified to be doing that. I personally would not pay any accountant two cents to tell me ANYTHING about employment law, and I'd laugh at any employer who would. Lynn - make sure your company's management understands that it's not up to them to decide whether or not they will comply with a labour law. They can disagree with a law all they want, they still have to comply with it - and will be fined HEAVILY if they don't. In this case what they need to do to comply with the law is EITHER make sure those salespeople are doing different things, OR resign themselves to their non-exempt classification. No other options legally available here. |
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prewritten job description for sales/marketing
posted at 6/20/2011 10:36 PM EDT
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Posts: 2
First: 6/14/2011 Last: 6/20/2011 |
If you want to get more materials that related to this topic, you can visit: http://www.humanresources.hrvinet.com/sales-supervisor-job-description/
Best regards. |
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