Exempt or Non-exempt?

[mike197]

What is the name of your state (only U.S. law)? WV
Is an employee that trains other employees on operating machinery exempt or non-exempt?

 

[I'mTheFather]

What is the name of your state (only U.S. law)? WV
Is an employee that trains other employees on operating machinery exempt or non-exempt?

I'm guessing that this is a spin-off of previous thread. Similar topic, same state.

Is she a supervisor of those she trains?

 

[justalayman]

I'm guessing that this is a spin-off of previous thread. Similar topic, same state.

Is she a supervisor of those she trains?

I suspect you are correct

mike197
Exempt or Non-exempt?

What is the name of your state (only U.S. law)? WV
Is an employee that trains other employees on operating machinery exempt or non-exempt?

not enough info. What are all duties assigned this employee?

 

[cbg]

Could be either. Not enough information to say.

 

[mike197]

No not supervisor, just trainer.

 

[I'mTheFather]

If this is in the pharmaceutical industry, then that question was answered in this thread:

https://forum.freeadvice.com/wage-salary-issues-96/learned-professional-exemption-611119.html

 

[cbg]

If we are talking about the person in that thread, that person is non-exempt. No question about it.

 

[mike197]

I suspect you are correct





not enough info. What are all duties assigned this employee?

Primary Duties (80%)
1.Operating equipment to manufacture products while following set procedures and controls
2.Filling out required documentation for each batch
3.Assemble, disassemble and clean equipment

Additional Duties (20%)
1.Mentor/train employees in the set-up, operation, disassembly and cleaning of equipment
2.Mentor/train employees in policies and procedures related to manufacturing
3.Lead technical aspects of manufacturing of products
4.Author, review and edit procedures related to equipment documentation when needed
5. Other duties assigned

 

[mike197]

If we are talking about the person in that thread, that person is non-exempt. No question about it.

I work with the woman that was being referenced in that thread. I am one of the other people that work there that is being cheated out of OT. They are "clarifying" our job duties and saying that we just didn't understand what we was suppose to be doing. They claim they didn't do anything wrong.

 

[justalayman]

they are still wrong.


those are non-exempt positions.


and make sure you read the other thread. It clearly stated the employer did not intend on doing a darn thing about all the other employees that were in this situation. The only one the OP was concerned about was the one person in that question.

 

[I'mTheFather]

Well, there's a lot of good information and advice in that thread.

 

[mike197]

I have a friend there as well that is a chemist. She only has a high school degree. She started out as a chemist assistant and over time they promoted her to a chemist and made her exempt. She actually makes less now per hour with the long hours and no OT. I know the flsa says something about an occasional chemist without a chemistry degree can be exempt, but what about a full time chemist without a degree?

 

[cbg]

Unlikely, at best. But we'd REALLY have to have some kind of idea of the job duties to say for certain.

If you're looking to drop a dime on the company, I'd say you have more than sufficient cause.

 

[mike197]

Unlikely, at best. But we'd REALLY have to have some kind of idea of the job duties to say for certain.

Not sure of every little thing she does, but I know she operates equipment that dissolves tablets and the drug release data is checked against a range that has been proved to be acceptable. But basically everything she does is spelled out in established procedures. It either passes or fails, and on to the next lot.

 

[cbg]

Best I'm willing to do on that is, exempt is highly unlikely.

You folk really need to be talking to either an attorney or the DOL.