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... a salaried' position. One would take this to mean that it would be exempt. In delving into the idea most agencies have behind using the salary' term, they're hinting at the idea that this is an exempt position. The bottom line isn't exempt versus non exempt — it has to do with overtime pay, an expense that few agencies want to incur. I've reviewed this every way to Sunday. In my opinion, under no circumstances will a true customer service rep position ever pass the FSLA exemption test. Among ... representatives who advise their customers on various adaptive uses of the same equipment are exercising discretion and independent judgment. Because of the blurred distinction between highly skilled work and work requiring discretion and judgment, the Wage and Hour Division of the Department of Labor issued a regulation (Public Law 101.583) that permits some workers in the computer software field to be classified as exempt even if they're paid hourly. The law allows highly skilled computer software employees who are paid hourly to be classified exempt if: Their jobs meet the primary duty requirement in ... or more of the FLSA exemption tests, and They're paid an hourly rate equal to at least 6.5 times the minimum hourly wage. The law does not allow employees who operate computers, or who engage in the manufacture, repair, or maintenance of computer hardware to be classified exempt. CSRs: THE OVERTIME DILEMMA by Judi Newman Most agency owners feel that their CSRs are professionals. The state requires them to have a license to sell insurance, while some hold other certifications such as ACSR, CISR, CPSR, or CIC. ...

...ance agency considered 'exempt' or 'nonexempt' under the Fair Labor Standards ... workweek basis. Employees who perform non-exempt duties in a workweek typical...