The Report will contain a risk assessment for classifying the position as exempt vs. non-exempt based on the specific fact pattern entered, over 2,400 federal and state court cases, the jurisdiction, compensation and duties performed. Consider the below when determining what action to take on the risk results.  

• Create a process for handling the different risk categories; High , Moderate and Low Risk.
  High Risk
  • Consider your organization’s level of risk tolerance. For example: Do you feel risk averse enough to say the top two riskiest outcomes (extremely high risk and very high risk) should always be classified as non-exempt? 
  Low Risk
  • Do you feel comfortable with the risk of the two lowest risk categories (extremely low risk and very low risk) always being classified as exempt?
• If the answer is yes to both of those, you can have HR/Comp handle them directly, and send the 3 outcomes in the middle (moderately high risk, moderate risk and moderately low risk) to Legal for review.  Legal can dig more into the "lower your risk" and transcript sections to decide whether the risk can be mitigated
• The next thing to consider is compensation.
  • Are you planning on adjusting compensation in some cases if requirements for exemption aren't met? If yes, you will have to decide who makes that decision and pass along anything other than the higher risks to them for review/compensation analysis. They can use our OT Cost Estimator, located on the Navigator OT solution card, to help with that analysis.
• The last thing to consider is whether you plan on doing multiple evaluations per position.
  • In general, overtime analysis should consider more than just the job description - it should analyze the work actually being done. If employees in the same position have different job duties, you may want to consider creating multiple evaluations for that position. 

For those positions, decide whether you are open to cleaning up job codes/positions. For example, if you evaluate the same position in two locations and they come back drastically different, you may want to have an escalation point to review those differences and decide whether they are actually two different jobs. Then each may separately have a different risk level that follows the above process. 

• The Report has been designed by, and for, legal professionals, and is intended as a tool for use by attorneys in advising their clients. The Report is intended for use by human resource, procurement, and other corporate personnel only under the direct supervision and in consultation with company counsel.
• ComplianceHR is not a law firm. Your use of the Report does not create an attorney-client relationship with ComplianceHR, Littler Mendelson, or Neota Logic. Contact your counsel for more information about using ComplianceHR while retaining attorney-client privilege.
• ComplianceHR does not and cannot give legal advice, opinions, or recommendations regarding your legal rights, obligations, remedies, defenses, or strategies.
• The content provided in the Report may not apply to your particular facts or circumstances. Further, the content provided in the Report may not reflect the most recent developments in the law and may not be applicable in your particular jurisdiction. Therefore, before taking any action based or relying on the Report, you should always seek legal advice from a qualified attorney authorized to practice law in your jurisdiction.