What are the guidelines for an exempt worker? A key phrase for exempt positions is that the job must require "discretion and independent judgment." In addition to this soft requirement, there are rules that act as a guideline for employers.
An employee must be paid an
annual salary, i.e., exempt employees cannot be paid an
hourly wage (the blogging boss at beatyourowndrum.com asks a good question, is it better to be paid hourly or by salary?). The employee's weekly income can be no less than $455 per week. Keep in mind though, just because an employee is paid an annual salary that doesn’t automatically make him or her exempt.
Problems for Starbucks
You would think that defining an "executive" would be easy. The rules say an exempt “executive” regularly supervises two or more other employees, is in charge of a unit, sub-unit, department or shift when on duty. However, there can be a problem when retailers require exempt employees (
manager and assistant manager) to multi-task and perform tasks normally performed by non-exempt employees.
This problem occurred when Radio Shack managers claimed they spent most of their time making sales, vacuuming the store and cleaning the bathrooms. Likewise, 1,400 Starbucks managers and assistant managers claimed in a class action lawsuit that they spent more than half their time running cash registers, cleaning cappuccino machines, cleaning floors and other menial tasks. In two class action lawsuits against Longs Drug store, store managers who had been classified as
California overtime exempt employees - according to bizjournals.com - said they had spent more than half their time ringing sales and stocking shelves.