Who decides if a position is exempt or non-exempt?
The federal government has established guidelines for employers in the Fair Labor Standards Act. Exempt positions may be executive, administrative, professional, computer related, or outside sales. These positions are not eligible (exempt) from the protections afforded to hourly (non-exempt) workers under the law, such as overtime pay, paid and unpaid breaks, etc. Human Resources is responsible for identifying those jobs that qualify for exemption from the law and identifying them as such on the position description.
