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FLSA exempt vs non-exempt

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•Locate a 1-2 page job description from your current company, former company or on-line.
•Read the job description and analyze it based on the Fair Labor Standards Act.
•Determine if the job is exempt or non-exempt and if exempt, indicate which exemption qualifies.
•Post the job description and write a 250-300 word posting of your analysis, including the factors you considered when determining the exemption status of the job.

Please provide references.

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Solution Preview

The job chosen was that of Patent Analyst at Microsoft. The link to the job description is

The job description is posted below:

Are you a technical person looking for a way to leverage your technical knowledge in new strategic and creative directions? Do you like thinking about where Microsoft is heading in the future and applying your technical knowledge to help predict what technologies and competitors will play a role in that future? Do you enjoy the challenge of working and communicating with a wide variety of people? We are looking for a strongly technical person to bring deep subject matter expertise and creative, "big picture" approach to our patent team to help us build the intellectual property portfolio that Microsoft will need for those future scenarios.
Patents are a key element of Microsoft's strategy - from establishing the value of Microsoft's longstanding R&D investments through the our patent licensing programs to creating and maintaining industry differentiating intellectual property to augmenting Microsoft's patent position through targeted licenses, acquisitions, and alliances with industry players. The Innovation & Intellectual Property Group's (IIPG) Patent Strategy team is an interdisciplinary team at the center of these activities and responsible for creating, maintaining and executing Microsoft's patent strategy.
We are looking for a unique individual who combines a deep knowledge of a technical area and a passion for creative, strategic thinking about the future of Microsoft with an interest in learning about intellectual property. Ideal candidates will have an interest and curiosity to understand technology markets and the underlying trends driving them. In this role you will work closely with licensing executives, engineers in Microsoft's various businesses, and patent prosecution and litigation attorneys in support of Microsoft's patent development, licensing programs, litigation efforts and acquisition efforts. Exemplary responsibilities of the position include but are not limited to:
• Contributing to IIPG's strategy development process by applying your technical proficiency and creative problem solving skills to recognize market trends, opportunities and threats
• Researching ...

Solution Summary

445 words including an explanation of FLSA and references. A job description has also been provided (not included in the 445 words).

See Also This Related BrainMass Solution

Differences between Exempt vs. Non-Exempt

Sample Question:

Addressing the issue of the benefits of independent contractors versus the use of employees, the issue of exempt / non-exempt employees is important. There are two types of employees under a federal law called FLSA (Fair Labor Standards Act of 1938). One is hourly and is not paid for time that they do not work. They are called non-exempt and for them you do have to list every single exception for the attendance policy. If they no-show they are not paid and can be terminated immediately.

The second group of employees is called exempt and they are paid the same amount of pay every pay period no matter how many hours they work. They do not earn overtime (like non-exempt employees do) and their pay is not docked for tardiness (like it is for exempt employees). Does every employer need to train their human resources and management staff on the basics of this law? Should they train employees? Why or why not? Does the non-exempt or exempt categorization impact FMLA (Family Medical Leave Act) leave? Why or why not?

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