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Employment classification is once again becoming a hot issue. Despite the fact that the Fair Labor Standards Act was passed in 1938, in the year 2003 we continue to see exploitation of employees currently classified under the exempt classification. However, employees are increasingly challenging the status of their employment to ensure fair wage treatment; many resulting in costly resolution to the employer. Thus, there is an increasing interest by employers to ensure their employees are properly classified appropriately (exempt or non‐exempt). As position classifications are put to the test, we can see that there are clear implications to various levels of the organisational structure, but the challenge lies in successful implementation of such reclassifications.

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