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How to Reclassify an Employee Whose Job Duties Have Changed

Authors: Michael Cardman, XpertHR Legal Editor, and Allen S. Kinzer, Vorys, Sater, Seymour and Pease LLP

Few employees perform the exact same work year after year, or even month after month. In the dynamic modern workplace, employees' job duties change and evolve constantly. For this reason, it is vitally important that employers review their employees' Fair Labor Standards Act (FLSA) exemption classification on a regular basis, especially if there has been a significant change in a particular employee's duties. For example, a manager classified as an exempt executive may no longer qualify for exemption if his or her department has been downsized and he or she no longer supervises two or more full-time employees. Conversely, a nonexempt administrative assistant who has been delegated new authority could now qualify as an exempt administrator. Follow these steps to reclassify an employee whose job duties have changed.