When Exempt Employees Don't Meet Work Expectations

By Shlomo Katz (October 24, 2017, 11:37 AM EDT) -- At some point in the coming months, some employers may begin to suspect that some of their recent hires aren't going to live up to their promise. Maybe these employees are classified as exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act because they were hired to perform work that involves making recommendations about matters that are significant to the employer or because they were thought to be ready to work as professional lawyers, doctors or engineers, but they don't seem to be working on the level usually associated with such exempt positions. Should they be classified as nonexempt and paid overtime? Is there a minimum level of performance necessary to qualify for exemption? This article will examine that question....

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