While a thoroughly written job description impacts whether a position is exempt from overtime pay, it’s not the most important consideration, says Scott Young, a partner in the Cincinnati law office of Thompson Hine. According to Young, far more imperative are “what the duties are and what the employee is doing.” That way, if a company is audited by the U.S. Department of Labor, the employer will be able to present a prima facie case that an employee has been properly classified. A prima facie argument is one that is accepted as correct until proved otherwise. Read more...