Double job Title

HCCADC

Our Financial Director is also our Systems Administrator. Under the new FLSA laws, she would not be exempt under the computer job title, however she is under the Financial Director. If she is under one category, would she be considered for exempt for all her time?

Don D

I'm sure that an administrator and a director in that contect is exempt. You didn't lay out the job duties, but, I can't imagine that she's not exempt.

santire

I agree with Don. From the titles and the type of work usually associated with those titles, both positions are probably exempt. Of course, titles don't prevail over the actual duties so the Systems Administrator must fit into one of the exemption categories which on its face could be either executive or computer specialist. If it does not fit into one of the exemption categories and you need to rely on the Financial Director job for the exemption, you run into one of the problems that will need to be worked out for the new rules. The old rules had a specific percentage requirement for the executive exemption. It was 50% so under the old rules if you depended on the Financial Director job to determine the classification, you could look at the amount of time spent in that area. Under the new rules, a multiple factor standard will be used that consists of relative importance, amount of time spent on the exempt work, the relative freedom from supervision and the relationship between the employee's salary and the wages paid to other employees for similar work. It may turn out to be that the loss of the 50% rule is not such a big deal. The courts have always been quite flexible in the way the percentage rule was met.
Stanley P. Santire, J.D.