Fair Labor Standards Act (Flsa) Poem by Manager Poet

What’s all the fuss about being exempt versus nonexempt?
Telling an individual his position is nonexempt causes contempt.
How is that so when the Act guarantees overtime for some?
Exempt employees work long hours with no overtime chum.

Let’s look at the basic tests for having an exemption.
You must pay on a salary basis or there is no redemption.
Next the salary level must be at least $455 per week.
Oh, but it is the job duties to which this poem must speak.

Some job’s fall under the exemption called Executive so they say.
The primary duty is management and it can’t be any other way.
The duties under the Executive test are spelled out clearly under the Act.
Directing two or more employees is just the beginning and that’s a fact.

Everyone considers their employees as professionals at what they do.
Let’s see if the Professional exemption is based only on your view.
Professionals are in two different categories according to the Act.
I’ll need to give more words for understanding and that’s simply a fact.

So you know, Professionals fall into two groups: Creative and Learned.
Let’s not forget what is the Primary Duty so our exemption won’t get burned.
First, Learned requires advanced knowledge primarily achieved from school
Next, Creative means a field of artistic or creative endeavor as a general rule.

So far, the Executive and Professional exemptions are quite easy to define.
Most claim the Administrative exemption and to this I must resign.
The Primary Duty is office work, independent judgment, and discretion
Add directly related to the business operations and you see the obsession.

Ah, the Computer and Outside Sales exemptions are all that remain.
However, only a Vulcan can understand the Computer exemption, so I’ll refrain.
Go to the Department of Labor’s website for a complete description of duties.
Outside Sales is liken to a doctor being called upon by a pharmaceutical beauty.

Misclassification denies some employees minimum wage and overtime pay that’s due.
How many companies have made the front page of the newspaper for being sued?
In most cases, it appears like the big guy is trying to cheat the working guy.
Look at the job and not the person when making a classification. Need I say why?