Exempt versus nonexempt

[dblake]

When looking at how to classify a trainer whose primary role is to travel and deliver training on our processes, would you classify him/her as exempt or nonexempt. My inclination and understanding of the law is to classify as nonexempt. The individual will have no direct reports. Your thoughts are appreciated.

 

[Beth3]

Actually, the position likely qualifies as exempt under the Professional exemption category:

Learned professional exemption

• The employee must be paid on a salary or fee basis at a rate not less than $455 per week.

• The employee's primary duty must be the performance of work requiring advanced knowledge, that's predominantly intellectual in character, which includes work requiring the consistent exercise of discretion and judgment.

• The advanced knowledge must be in a field of science or learning.

• The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

You need to take a careful look at the actual duties and responsibilties of the position but I've never encountered a "professional" trainer who wasn't exempt. (It is not necessary at all for an individual to have direct reports in order to meet the criteria for exempt status. Administrative supervision can easily be sufficient, depending on the scope of responsibilities.