Case managers employed by a service provider for individuals with disabilities do not qualify for the administrative exemption under the Fair Labor Standards Act, says the U.S. Wage and Hour Division. The primary duty of the case managers was to meet and work with consumers to gather information, assess each consumer’s needs and cost of care, prepare a plan of care, and to identify and implement services to meet the consumer’s needs. These activities were more related to providing the company’s ongoing, day-to-day case management services for its consumers rather than administrative functions directly related to managing the company’s business, notes the opinion letter.
Radiology technologists do not qualify for the professional exemption, says another Wage and Hour opinion letter. Both the primary duties and the requirement that an RT complete a two to three-year accredited radiology technology program do not appear to meet the regulatory standard of an exempt professional, the letter explains.