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Risk of Employees’ Losing Exempt Status Rises During Times of Short-Staffing

April 28, 2022

Via: HR Hero
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In times of short staffing, it’s important to remember exempt employees may lose their exempt status if they spend too much time performing nonexempt work. A recent ruling by the U.S. District Court for the District of Minnesota serves as a stark reminder that exempt employees may perform nonexempt work but only if their primary duty remains exempt.

Facts

Tammy Babbit was an executive team leader (ETL) for food and beverage sales in Target’s South Rochester, Minnesota, store in 2019. The company classified her as an exempt employee under the Fair Labor Standards Act (FLSA).

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