By: Marisa S. Ratinoff
Exempt or non-exempt: That is the question. One of the most difficult areas in wage and hour law for retailers is properly classifying their managerial employees for purposes of determining if overtime need be paid or meal and rest breaks provided. Long has been the rule that the actual duties the employee performs will determine if he or she is misclassified. While this is often frustrating to retailers, whose assessment of an individual’s job duties may be a judgment call as to whether they meet or do not meet the specific requirements of an exemption, the fact that an individual analysis is required may prevent class certification.