Abe: It’s based on executed job duties and salary thresholds, not job title or job descriptions.

Why it matters: Misclassification can lead to back pay for overtime and penalties.

A: No. Hours doesn’t determine exemption; duties must meet FLSA criteria.

Why it matters: Paying salary without meeting exemption tests creates risk.

A: They should reflect actual duties and support exemption criteria (if applicable).

Why it matters: If duties and documentation don’t align, classification is hard to defend.

A: Salary banding defines consistent pay ranges for similar roles based on scope and responsibility.

Why it matters: It supports internal equity and reduces compensation-related complaints.

A: Maybe, if it’s for business purposes, but not for pay calculation.

Why it matters: It helps identify workload issues and protects against misclassification concerns.

A: Assigning non-exempt work (routine, non-discretionary tasks) as the primary duty.

Why it matters: This can invalidate the exemption.

A: Anytime job duties change for an employee and at least annually for your entire company.

Why it matters: Roles evolve faster than documentation, creating hidden risk.