RE: Job Classification

["Domaschuk, Rob" <Robd -at- datalogics -dot- com>]

Margaret asks:

> What is the Office of Labor Relations classification (exempt: salaried vs.
> non-exempt: laborer) for the these  positions?

Actually, here in Illinois (and I believe in the entire USA) exempt and
non-exempt are not applied based upon the name or title of a position, but
rather on the duties and responsibilities of that position.

The law is long and convoluted (no, really, it IS), but the basic philosophy
is that you are free to set your own schedule, are paid to work a set number
of hours but not any specific hours, are free to get up from your desk and
go for a smoke break or to the washroom, are free to choose your lunch time,
if you are 10 or 15 minutes late for work or lunch, no big deal. The
"payment" for having this freedom is that the company is not required to pay
you overtime.

For example, if you had two tech writers at a company (with the exact same
job title), but one of them also acted as a receptionist to answer the phone
and, therefore, had to be at work right at 8:30 and had to stay until 5:30
and the lunch hour was SET from noon until 1:00, then the tech
writer/receptionist is a non-exempt employee and the other one is exempt.
So, two people, identical job titles, but one is exempt and the other is
not.

So, not only can the same position in two separate companies be different,
but the same position within the same company can have different
classifications.

There is a whole bunch of other stuff that goes into determining if a
company can apply the exempt status to what you do. Although it is primarily
used for management positions, inside of IT it is used a lot, since there is
a "Skilled Computer Professional" status that companies can use.

Blah, blah, blah.... If you are asking about this out of interest, talk to
your HR person. If you are contemplating some form of legal action, then
find another source  <grin>

HTH


Rob Domaschuk    | 312.853.8337 - p
Technical Writer | 719.623.7431 - f
Datalogics, inc. | www.datalogics.com

"One out of every three Americans is suffering from some form of
 mental illness. Think of two of your best friends. If they
 are OK, then it must be you."
	- unknown
> 

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