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Discussing the Fair Labor Standards Act

by | Mar 26

Examine the following job description and assess whether or not it can be exempt from the Fair Labor Standards Act, i.e. if it can be a salaried position.


This job carries with it the obligation to respect the dignity and recognize the potential for growth of every individual whoreceives or provides services and supports, to advocate for the rights of people we support to pursue their own vision, and to be responsible stewards of our human and financial resources in order to create an environment committed to quality. A commitment to this philosophyof services should be demonstrated as job duties are performed.

Serve as a resource in the area of human resources, with an emphasis on scheduling and overtime reduction. Coordinate time off requests, manages schedule changes, and maintains staffing levels for the purpose of recruitment and retention. Serve as a support person for electronic timekeeping system.

1. Create schedule templates for all lines of service delivery models to ensure proper staffing.
2. Coordinate with human resources and service delivery managers to update and maintain scheduling revisions on a daily basis.
3. Work with human resources managerand executive director to determine hiring needs based on budgeted full-time-equivalents (FTEs).
4. Monitor employee overtime to maintain cost at acceptable and established level.
5. Provide support with electronic timekeeping, to include training new staff, reconciliation
of time cards, and supporting the agency electronic timekeeping system subject matter
6. Provide input for policydevelopment and revisions of current policies.
7. Serve as a resource for managers regarding staffing needs.
8. Maintain worker’s comp, family medicalleave (FMLA) and leave of absence (LOA)
documents and records as they pertain to scheduling coordination.
9. Ensure that the agency stays within budgeted fte’s for each model of service delivery.

1. Knowledge of Company policies and procedures.
2. Knowledge of Department of Labor guidelines.
3. Skill in operating a personal computer and various software packages.
4. Skill in using standard office equipment, including keyboard, telephone, copier and FAX machine.
5. Skill in maintaining organized files and accurate records.
6. Problem-solving skills.
7. Ability to perform job functions with limited supervision.
8. Ability to maintain confidentiality.
9. Ability to communicate effectively in a courteous and professional manner.
10. Ability to read documents and computer screens.
11. Ability to work in a team environment.

Bachelor’s Degree in Human Resources or related field. Minimum of two years experience with scheduling, hiring, and training.
**NOTE: The statements herein are intended to describe the general nature and level of work being performed by employees assigned to this position. They are not intended to be an exhaustive list of all responsibilities, duties, and skills required. From time to time other duties may be assigned.

If you will take a look at the document in the reference regarding the Fair Labor Standard
Act, you will see the criteria for a salary position is very broad. Under the second section titled
Executive Exemption to qualify for a salary basis an employee must receive more than $455.00
per week. The next criteria is managing a unit or division which is representative of your
Staffing Manager. The last two points are that they must direct the work of more than two …

This solution provides a discussion regarding a specific job description’s inclusion as a salaried position under the Fair Labor Standards Act.



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