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Does Human Resources Work = Exempt Work?
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Does Human Resources Work = Exempt Work?
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We have a position that consists of, at the highest level, duties that include recruiting, collecting and screening resumes and applications, conducting initial interviews of employees, and has decisi
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Does Human Resources Work = Exempt Work?
posted at 10/8/2002 1:02 PM EDT
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Posts: 2
First: 10/8/2002
Last: 2/13/2003
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We have a position that consists of, at the highest level, duties that include recruiting, collecting and screening resumes and applications, conducting initial interviews of employees, and has decision making authority to recommend candidate to managers for hire. The position is also responsible for working with managers to fill temporary staffing needs by deteriming what kind of worker or tasks are involved in a position and recruiting for temporaries. There are many temporary vacancies so this is an ongoing duty. There are some recordkeeping tasks associated with this work. We are having a difficult time convincing the central HR department in our company that this is exempt, professional HR
work -- they want to make it a clerk. Does anyone have a source or thoughts on what HR work would be classified as exempt?
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Does Human Resources Work = Exempt Work?
posted at 10/10/2002 5:55 AM EDT
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Posts: 4
First: 10/10/2002
Last: 10/14/2002
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"has decision making authority to recommend candidate to managers for hire."
I think the key word here is "recommend". If the person had the authority to just go ahead and hire candidates then I would say they were exempt. It sounds like central HR wants someone with good judgement and skills, but also someone they can keep under their thumb. Tough one.
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Does Human Resources Work = Exempt Work?
posted at 10/14/2002 8:28 AM EDT
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Posts: 12
First: 10/9/2002
Last: 12/17/2002
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Unless the benefits for an exempt individual are that much greater than that of a non-exempt, why would the person care? Any overtime that they put in would be payable at time and one-half vice nada...Historically, HR reps are non-exempt as their jobs are more clerical/administrative in nature...HR generalists, benefit managers, are exempt. I do know of a few places where everyone but the senior level are considered non-exempt and are paid for overtime...this includes people at the supervisory level. Where companies get into trouble is by having no exempt management around, when an emergency occurs. Then they are accused of not having appropriately accountable management in place, when the incident/accident occurred...and all because they didn't want to make the supervisors exempt. If there is an issue with benefits being different, look at comparable positions within the company to determine if discrimination is an issue. HR is soooo much fun...
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Does Human Resources Work = Exempt Work?
posted at 10/16/2002 5:03 PM EDT
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Posts: 495
First: 9/30/2000
Last: 8/19/2011
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One of the considerations I have seen is does this individual gather information or participate in negotiations? Other than confidentiality, one would need authorization to make decisions on hiring, etc.
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Does Human Resources Work = Exempt Work?
posted at 11/12/2002 2:42 PM EST
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Posts: 2
First: 11/12/2002
Last: 3/13/2003
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The Department of Labor needs to be your guide on this, there are very specific guidelines to follow when deciding what positions should be classified exempt or non-exempt. The DOL has an excellent website with a search function that should bring you right to these guidelines. www.dol.gov
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Does Human Resources Work = Exempt Work?
posted at 11/13/2002 6:25 AM EST
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Posts: 378
First: 1/8/2002
Last: 9/14/2011
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NSharpe is right on the money. You need to ensure the employee's job description is up-to-date and look at the criteria in the Fair Labor Standards Act.
Misclassification can carry backpayments and heavy penalties under the law. -Chuck
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