New DOL Opinion Letter
Published by Eric A. Welter on May 7, 2008
The U.S. Department of Labor has posted a new Administrator-signed FLSA opinion letter regarding the application of the administrative exemption. The opinion letter can be found here. The position is question was a Product Technology Application and Marketing Analyst (PTA). The letter concludes that the position is exempt. The opinion letter recounts the applicable facts as […]
The U.S. Department of Labor has posted a new Administrator-signed FLSA opinion letter regarding the application of the administrative exemption. The opinion letter can be found here. The position is question was a Product Technology Application and Marketing Analyst (PTA). The letter concludes that the position is exempt.
The opinion letter recounts the applicable facts as follows:
“Your client provides products and services to prevent soil erosion and strengthen retaining walls and foundations of parking lots, bridges, levees, and buildings. The company markets its products to dealers, licensees, developers, construction companies, and state and federal agencies. The company also markets services related to its products, including consulting, design, engineering, installation, permitting and testing services.
The PTA’s primary responsibility is to work independently with the company’s Engineering and Design Group (EDG) to develop tests that measure the performance of new products and assess the feasibility of novel uses of current products. For example, if an existing product has the potential to stabilize and reinforce the lining of coal mine tunnels in a remote region, the PTA will review all relevant information regarding the environmental conditions and the features of the mine. The PTA then works with the EDG to develop a test to measure the product’s performance under varying conditions. The PTA evaluates numerous factors, including the type of equipment needed to create the precise environmental conditions and accurately capture the test results. The PTA spends approximately 40 percent of her time working with the EDG on tests for new and existing products.
Additionally, the PTA spends approximately 30 percent of her time as a liaison to the company’s sales professionals, who visit potential and current customers. During these visits, the sales professionals are confronted with questions from customers regarding specific features/uses of the company’s products and how they compare to competing products. The sales professionals rely on the PTA to provide them guidance on the appropriate responses to these customer inquiries. The PTA independently reaches conclusions regarding testing methodology, testing results, and product performance that allow the company to secure product sales by demonstrating that the company’s products meet customer specifications or are superior to competing products.
The PTA spends the remainder of her time performing standardized tests on the company’s products and preparing reports reflecting the test results and how they compare to competitors. The PTA reports directly to the company’s Vice President of Process and Product Development. The PTA receives at least $455 per week on a salary basis.”Topics: DOL, FLSA/Overtime