Pro Bono Partnership Handbook

APPENDIX N
EXEMPT EMPLOYEE CHECKLIST

The exempt checklist: exempt duties

The US Department of Labor has provided specific examples of duties it considers to be "exempt" or managerial in nature when performed by an employee in managing a department or supervising other employees. All factors need to be considered; no single factor is decisive. Employers should examine whether the employee in question is responsible for the following:

YES

NO

1

Interviewing, selecting, and training employees?

2

Setting and adjusting pay rates and work hours?

3

Directing work?

4

Keeping production records of subordinates for use in supervision?

5

Evaluating employees' efficiency and productivity?

6

Handling employees' complaints?

7

Disciplining employees?

8

Planning work?

9

Determining techniques?

10

Distributing work?

11

Deciding on types of merchandise, supplies, machinery, or tools?

12

Controlling the flow and distribution of merchandise materials, and supplies?

13

Providing for safety of employees and property?

For additional information, see the US Department of Labor's Fact Sheet on Exemption For Executive, Administrative, Professional, & Outside Sales Employees, available at: http://www.dol.gov/dol/esa/public/regs/compliance/whd/whdfs17.htm

The exempt checklist: non-exempt work duties

In addition, the Department of Labor has supplied several examples of work that it would consider "non-exempt." Employers must ask if the employee is responsible for the following:

YES

NO

1

Performing the same kind of work as the employees supervised?

2

Performing any production work, even though not like that performed by subordinates, which is not part of supervisory functions?

3

Making sales, replenishing stocks, returning stocks to shelves, except for supervisory training or demonstration purposes?

4

Performing routine clerical duties, such as bookkeeping, billing, filing, operating business machines?

5

Checking and inspecting goods as a production operation, rather than as a supervisory function?

6

Keeping records on employees not under the executive's supervision?

7

Preparing payrolls?

8

Performing maintenance work?

9

Repairing machines, as distinguished from an occasional adjustment?

10

Cleaning around machinery, rearranging displays, taking an employee's place at the workbench, or on a sales floor?

		YES	NO
1	Interviewing, selecting, and training employees?
2	Setting and adjusting pay rates and work hours?
3	Directing work?
4	Keeping production records of subordinates for use in supervision?
5	Evaluating employees' efficiency and productivity?
6	Handling employees' complaints?
7	Disciplining employees?
8	Planning work?
9	Determining techniques?
10	Distributing work?
11	Deciding on types of merchandise, supplies, machinery, or tools?
12	Controlling the flow and distribution of merchandise materials, and supplies?
13	Providing for safety of employees and property?

		YES	NO
1	Performing the same kind of work as the employees supervised?
2	Performing any production work, even though not like that performed by subordinates, which is not part of supervisory functions?
3	Making sales, replenishing stocks, returning stocks to shelves, except for supervisory training or demonstration purposes?
4	Performing routine clerical duties, such as bookkeeping, billing, filing, operating business machines?
5	Checking and inspecting goods as a production operation, rather than as a supervisory function?
6	Keeping records on employees not under the executive's supervision?
7	Preparing payrolls?
8	Performing maintenance work?
9	Repairing machines, as distinguished from an occasional adjustment?
10	Cleaning around machinery, rearranging displays, taking an employee's place at the workbench, or on a sales floor?