From the U.S. Department of Labor's Spring Regulatory Agenda 2010: We intend to update the FLSA recordkeeping requirements to foster openness and transparency, to increase awareness among workers, and to encourage greater compliance by employers. DOL is considering … requiring covered employers to notify workers of their rights under the FLSA, and to provide information regarding hours worked and wage computation. Any employers that seek to exclude workers from the FLSA's coverage will be required to perform a classification analysis, disclose that analysis to the worker, and retain that analysis to give to WHD enforcement personnel who might request it. … This Notice of Proposed Rulemaking (NPRM) will support the Secretary's outcome goals of securing minimum wages and overtime and helping middle-class families remain in the middle class.
U.S. Department of Labor - Spring 2010 Regulatory Agenda Fact Sheet
All jobs are nonexempt
unless proven exempt
by analysis and a filed record with evidence of communication.
Do the Math
A 100 incumbent job, half nonexempt, half exempt, all treated as exempt. 50 with 20 hours overtime/week at $40/hr. That's $3 million for one year without penalties. Can an organization not afford entity-wide analyses?
Add to this easily computed liability, the time, effort and expense that might be spent defending a claim. This will be a lawyers' windfall as mandatory "reasonable attorney's fees (are) to be paid by defendant, and costs of action" 29 U.S.C. 216 (b) when a judgment is awarded. Think this through. Not having position analyses on file makes proof a "slam dunk." This FLSA reporting requirement change could make ambulance chasing seem tame.
Vanishing Jobs (Old DOT)
ERI and PAQ are cooperating in saving the abandoned US Dictionary of Occupational Titles (both the US Social Security Administration and its IARP expert witnesses still use the old DOT); listed are examples of jobs disappearing since the last 1991 and 1993 publishing dates:
Assembler Marking Devices-pen & pencil,
Blocker-clock & watch,
Blue Leather Setter-leather mfg.,
Buckle Sewer Machine-boot & shoe,
Cushion Cementer-boot & shoe,
Disc Pad Plate Filler-nonmet. min.,
Doll Eye Setter-toy-sport equip.,
Electrotyper Apprentice-print. & pub.,
Heel Sander Rubber-boot & shoe,
Leg Skinner-meat products,
Lump Inspector-tobacco,
Pocket Secretary Assembler-leather prod.,
Polisher & Buffer-any industry,
Polisher Dial-clock & watch,
Poultry Debeaker-agriculture,
Roof Assembler-mfd. bldgs.,
Straw Hat Brusher-hat & cap,
Straw Hat Presser-hat & cap,
Stuffed Toy Joiner-toy-sport equip.,
Supervisor Asbestos Textile-nonmet. min.,
Tapper-clock & watch,
Weigher-toy-sport equip.,
Wrister-glove & mit.,
Yoke Presser-laundry & rel.,
Zigzag Machine Operator-garment
(see more)
Click on This Sample Report Page and Analyze an Example Position
Why PAQ?
Because it is classification analysis, not job analysis and PAQ can cite federal court cases accepting its position analysis methodology. PAQ's eDOT Skills Project has collected hundreds of thousands of these analyses (using FLSA measure scales), allowing standard deviation reporting (FLSA cases are Federal, see Daubert) and also allowing subscribers to initiate analyses with default measures. Graphic distributions provide a visual talking point in discussions with an employee (mandating "disclosure" is one thing, explaining analyses is another). Power measures derived from semantic analyses allow trained analysts further understanding of confidence of results. Position analysis is all that PAQ does, all it has done since 1974. The Internet gives evidence that only PAQ and ERI have been actively collecting characteristic job measures, rates of error, and norm comparables and measure distributions.
US Jobs Studied-ERI/PAQ 126,657 yesterday 258,234,095 in our library 139,398,300 total jobs existent
189 emerging jobs were added to ERI's Occupational Assessor this quarter; for free and complete review, download ERI's eDOT Job Search module, created to assist disabled individuals and those unexpectedly unemployed. PAQ analyses are acclaimed as "at the top of the list regarding their usability and practicality" (DRI Report for Social Security). Private insurers and expert witnesses have found PAQ's eDOT Skills Project data both construct and content valid. See why thousands use this data in FLSA overtime testing, disability determinations, and expert witness testimony.
Exemption Testing Determinations
ERI and Its Affiliate PAQ Services Provide FLSA Assistance in 3 Ways
Consider the Occupational Assessor for your desktop, an online application in development, or the use of employee input to assist a trained job analyst. For background, listen to ERI's FLSA webinars regarding the DOL's proposed change that suggests an HR revolution is in the offing.
Occupational Assessor® (CD)
Subscribe to the only software product available with PAQ's eDOT data, leased exclusively to ERI Economic Research Institute for use in its Assessor Series® products. View graphic presentations useful in employee communications (disclosure); also review "rates of error" that meet Daubert Challenge evidence requirements. Post these position analyses to ERI's new online database. (The posting subscriber must be an ERI Certified Job Analyst, see below.)
Online Scoring (Web)
Online scoring requires trained job analysts' on-site input. PAQ provides analyst training (2 days), enabling subscribers to designate an ERI Certified Job Analyst on their staff who can perform classification analyses in a consistent manner using ERI/PAQ methodologies. (This subscriber analyst is the only subscriber employee to whom ERI or PAQ will provide support; other subscribers' employees who contact ERI or PAQ will be referred to this individual.) Call 626-799-1093 to discuss database installation, beta testing, and/or the # of seats needed, or to schedule a job analyst's training session.
Off-Site Scoring (Manual)
Off-site scoring can only be an estimate by a third-party provider, supplying background analytics to a trained job analyst. If concerns exist about a "starting point," the showing of due diligence and the establishment of a safe harbor, consider having all employees answer the complete PAQe questionnaire. Send in the 300 question scoring sheet or enter that data online, and PAQ will post a "Dimensions Report" (as it has done since 1974) to assist analysts validate an employee's input (and his/her manager's review) before making an online or Occupational Assessor assisted exemption determination. Download now.
PAQ's services include providing competency reports, job analysis scoring, and the exclusive leasing of PAQ Competency & Skils Project data to ERI Economic Research Institute for its Competency (Occupational) Assessor software, commonly called the enhanced Dictionary of Occupational Titles (eDOT). In addtion to online job analysis scoring of PAQ questionnaires, training of subject matter expert job analysts, and the provision of online specialty reports for use by disability determination, employee selection, and/or salary administration professionals, PAQ provides a wide range of competency materials for: competency performance, competency pay, competency modes, competency performance management, competency identification, competency selection, competency total rewards, competency management, competency strategy, competency human capital, competency human resources, and competency job identification. PAQ Services, Inc. does not provide fee-for-service consulting.
