by Brightmine Editorial Team, and Allen S. Kinzer, Vorys, Sater, Seymour and Pease LLP
Few employees perform the exact same work year after year, or even month after month.
In this guide, learn about:
- Step 1: Audit the employee’s job duties
- Step 2: Determine which duty is primary
- Step 3: Review the employee’s exemption status
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About the author

Brightmine
With more than 10,000 customers, Brightmine is a leading global provider of people data, analytics and insight – empowering HR leaders to deliver brighter business outcomes.
For more than two decades, Brightmine, formerly XpertHR, has continued to help HR leaders confidently navigate the evolving world of work through our unique combination of critical workforce data, AI-enabled technology, and trusted HR expertise.
Brightmine is a division of LexisNexis Data Services within RELX®, a global provider of information-based analytics and decision tools. RELX serves customers in 180+ countries with 35,000+ employees. Ticker: London: REL; Amsterdam: REN; New York: RELX.
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