Exempt Sous Chef

[Gstone]

Hi All, Can you tell me if a Sous Chef's position would be an exempt position? According to the "Exemption for Executives " test the four points would be covered. But I'm a little uneasy about the 'Primary Duty" part of it. Our Sous Chef manages the kitchen staff when the chef isn't here and also directs the staff when instructed by the chef, but he also cooks as does the chef. So that's why I'm not sure about "primary duty" Thanks for any help on this.

 

[army judge]

Hi All, Can you tell me if a Sous Chef's position would be an exempt position? According to the "Exemption for Executives " test the four points would be covered. But I'm a little uneasy about the 'Primary Duty" part of it. Our Sous Chef manages the kitchen staff when the chef isn't here and also directs the staff when instructed by the chef, but he also cooks as does the chef. So that's why I'm not sure about "primary duty" Thanks for any help on this.

I suggest you speak to your business' legal counsel.

Do you wish to put your business at risk by proceeding without the opinion of your firm's legal counsel?

 

[Betty3]

Gstone - does this help you any?

Chef - may be responsible for all food service operations and also may supervise the many kitchens of a hotel, restaurant group or corporate dining operation. A chef de cuisine reports to an executive chef and is responsible for the daily operations of a single kitchen. A sous chef, or sub chef, is the second-in-command and runs the kitchen in the absence of the chef. For assistance in determining whether an employee who performs managerial duties or functions in addition to his or her chef work meets the duties tests for exemption from the FLSA's minimum wage and overtime pay requirements, begin with the Executive Employee section. For assistance in determining whether an employee who has attained a four-year specialized academic degree in a culinary arts program and who performs these or similar duties is entitled to overtime pay, begin with the Professional Employee section, and select the learned category. The professional exemption is not available, however, to cooks who perform predominantly routine mental, manual, mechanical or physical work.

http://www.dol.gov/elaws/esa/flsa/overtime/jobs.htm#S

 

[Gstone]

thanks Betty I'll take a look .

 

[Betty3]

You're welcome.....................