Friday, May 9, 2008, 11:26 AM

DOL Confirms Exempt Administrative Status for Product Technology Application and Marketing Analysts in New Opinion

In an opinion posted today, the Department of Labor clarifies that the FLSA exception for bona fide administrative employees defined in 29 CFR ยง 541.200(a) includes a "Product Technology Application and Marketing Analyst" ("PTA") based on the employer's representations about the job duties and responsibilities of a PTA.

A PTA's primary responsibility is product quality control through working with an engineering/ design division to develop proper tests of the functionality of new products and potential new uses for existing products. Other responsibilities of the PTA include (1) educating the employer's sales staff on customer inquires about product performance and testing, and (2) performing tests and preparing reports of test results. The PTA's responsibilities include the exercise of discretion and independent judgment in furtherance of the company's business. All of these factors confirmed the appropriateness of PTAs being identified as exempt administrative employees under the FLSA.

To read the newest opinion by the DOL, click here.


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