Exempt or Non-exempt?

[cbg]

Mike.

Tomorrow. Pick up the phone. Call the DOL. Ask them your questions. I think we've pretty much reached the limit of how much help we can be here.

 

[mike197]

Thanks for all of your input. It is greatly appreciated.

 

[LdiJ]

Let me elaborate a little more. In the scenario the person works on the research and development side, not commercial side of business. Making a novel drug and coping one are far from the same (copying is a lot easier). Once the chemist says the recipe is good (meaning the copied one works like the novel one), then it goes through dosing studies, regulatory agencies, filings and approvals.... and yes it is a long process. But all of that is not the worker in this scenario's job.

If this is really the scenario you are dealing with its FAR beyond the scope of an internet forum. The company who is dealing with these issues needs to be involving corporate attorneys.

 

[justalayman]

Let me elaborate a little more. In the scenario the person works on the research and development side, not commercial side of business. Making a novel drug and coping one are far from the same (copying is a lot easier). Once the chemist says the recipe is good (meaning the copied one works like the novel one), then it goes through dosing studies, regulatory agencies, filings and approvals.... and yes it is a long process. But all of that is not the worker in this scenario's job.

so the person in the other thread performs different duties than you just listed? It was clearly stated she was a production worker. Now you are attempting to describe something very different as far as duties.

but still the description of the duties of this employee are not clear. As the others have said, this really is beyond a forums reach so I'll just leave this here for you to ponder:


T

he employee’s primary duty must be the performance of work requiring advanced knowledge, defined
as work which is predominantly intellectual in character and which includes work requiring the
consistent exercise of discretion and judgment;

You know what the employee is doing so you are in a better position to contemplate whether that describes them or not.

 

[mike197]

Mike.

Tomorrow. Pick up the phone. Call the DOL. Ask them your questions.

Took your advice and called DOL, talked to them for 2 hours, they seemed really interested. Got letter today from them declining to investigate due to priorities and resources. I was hoping DOL would come in and see all of the wrong doing and make them fix it all.

 

[mike197]

If an attorney is used to sue the employer, and the case is litigated and won in court, will the court force the employer to fix the misclassification or just pay the back pay? I'm not sure how this works.

 

[cbg]

There would be no point to paying the back pay if it was not fixed going forward.

 

[mike197]

There would be no point to paying the back pay if it was not fixed going forward.

Understood...makes sense. Thanks for all of your input and advice.