Philadelphia partner David Woolf was quoted in a SHRM article titled, “More Questions About the Overtime Rule Answered.” The article covers some of the key questions employers have regarding the new overtime rule that goes into effect on December 1, moving millions of Americans from exempt to non-exempt status and making them eligible for overtime pay. One of those questions was: “can employees with the same job title and job description with varying years of experience be classified differently?” David notes that classifying those employees differently “could potentially cause the exempt-level employee to believe he or she is misclassified and/or cause the nonexempt employee to believe he or she is being treated with less respect than the exempt employee.”

Although employers must track all non-exempt employees’ hours, some professionals encourage tracking some exempt employees’ time as well. “It may be a good idea to do some informal tracking at certain levels where there is the potential that the employee could later claim he or she is misclassified,” David said.

Source: SHRM
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