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I am a home care supervisor with a job description of doing home visits as needed but main duty is managerial. I hold an exempt position. We do have a union in the facility for the nurses. So all nurses doing home visits are union and non-exempt and have a case load of 20-25 clients. I now have been told that I will have a case load of 10-12 clients also. We are not able to have other nurses from the facility that are non-union doing home visits unless it is last minute. I am wondering if my exempt status would be affected by the change? I would be out of the office 2-3 days of my 4 working.

Asked on September 27, 2018 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you still have managerial duties and authority and oversee the equivalent of two full time equivalent (FTE) employees--two full timers, one full and one half time, four half timers, etc.--then your exempt status will not be affected: exempt employees may do hands on or "line" work as well as the things which provided their exemption. If due to this change, you no longer meet the criteria for exemption, then you would lose the status. Go to the U.S. Dept. of Labor website and look under "overtime"--compare your new job duties, etc. to the different exemptions (especially the "executive" or managerial exemption and the "administrative" employee exemptions) and see if you still qualify for exempt status.

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