We have several employees that are currently considered salaried exempt. I think that most of them shouldn't be exempt, but how do I go about proving this? I have read all the information about how to determine if a position should be exempt or not, but it is still all very confusing. There is no straight line to follow on this one. I wish that I could have someone come in and sit down and go over each of their job duties and determine whether they qualify for OT exemption or not.

I'm sure you can pay someone to do that and it is a growing concern in banks and other industries. In the meantime, this, and the link may help.

I haven't researched this recently, however at one time the US Department of Labor Employment Standards Administration - Wage and Hour Division (try saying that three times fast) printed a publication (WH Publication 1363) entitled "Executive, Administrative, Professional and Outside Sales Exemptions Under the Fair Labor Standards Act".

This may assist you -- If the publication is no longer available, I do have a hard copy. PM me if you would like a fax copy.

If you only have a couple of JD's to review, send me a PM and I will run the tests on them for you and give you my qualified opinion.