Our team of experts fields real-life, everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s question: An employee sits in on hiring interviews but doesn’t make the final decision. Is he exempt or nonexempt?
Question:
One of our employees sits in on hiring interviews and makes recommendations about whether to accept or reject candidates. He doesn’t make the actual hiring decision.
Since he doesn’t really do hiring and firing, is he categorized as nonexempt and thus eligible for overtime pay?
Answer:
The latest FLSA regs clearly state that people who make recommendations about hiring, firing or promotions meet one of the tests for being exempt, and such people are not eligible for OT pay.
That’s the advice of Michael Faillace, an employment-law attorney and frequent speaker at SHRM conferences.
