Performance Evaluation - Non-Exempt Employees 2025

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Yes, it is entirely permissible for non-exempt employees to manage other non-exempt employees. Employers are under no obligation to classify employees as exempt, even if they meet the Fair Labor Standards Act criteria.
Note: To be employed in a bona fide executive capacity and therefore exempt from the FLSAs minimum wage and overtime requirements, an employee generally must satisfy a salary level and a salary basis test, along with the executive duties test.
In contrast, a relief supervisor or working supervisor whose primary duty is performing non-exempt work does not become exempt merely because the non-exempt employee occasionally has some responsibility for directing the work of other non-exempt employees when the exempt supervisor is unavailable.
Yes, it is completely permissible for non-exempt employees to manage other non-exempt employees. In fact, employers are under no obligation to classify employees as exempt, even if they meet the criteria under the Fair Labor Standards Act. Employers may have an entire workforce of non-exempt employees if they wish.
Quality of work (accuracy, thoroughness, competence) Quantity of work (productivity level, time management, ability to meet deadlines) Job knowledge (skills and understanding of the work) Working relationships (ability to work with others, communication skills)
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Simple, Direct, Honest, Personal, And Blunt: How The 5-Word Performance Review Works Wonders - Fast Company.
Examples of employees who can receive a non-exempt salary include: Certain employees commissioned to sell services to end-consumers, such as mechanics and aircraft salespeople. Employees of taxis, air carriers, railroads and delivery companies who receive salary for approved trip rates.

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