The US DOL Spring 2010 Regulatory Agenda proposes a record keeping change that, if adopted, will change HR and salary administration practices forever. All US employees will be non-exempt unless proven exempt. If this FLSA record-keeping change is adopted, employers will need to follow these steps to claim exemption from paying overtime:

• perform a job analysis
• disclose that analysis to the job incumbent
• keep a file of that analysis for review by WHD inspectors (upon request)

The FLSA module in ERI's Occupational Assessor^® & Survey (OA) Professional Edition allows one to perform this classification analysis, disclose and discuss that analysis, and retain it for WHD enforcement. Analyses reference PAQ's eDOT Skills Project data, with over a million job analyses and defensible rates of error for Part 541 bright-line job measures, making ERI analyses useable for Federal Court Daubert Challenges. These graphic standard deviation displays also greatly facilitate employee discussions.

While the Professional Edition analyzes jobs using US FLSA overtime rules, a free Job Search Edition can assist those who desire to reenter the workplace with "lessened capacities." For more in-depth usage, the Consultant Edition provides disability determination analyses.

Job Search Edition Professional Edition Consultant Edition
Download a Free Demonstration Edition!
(Click to enlarge)

Professional Edition Occupational Assessor (OA) provides US FLSA overtime exemption status estimations. Features include:

• Ability to select any of over 18,000 position titles to initiate an analysis, allowing for default comparative norms to be shown. (For FLSA tests, an employer address and industry are required, as many states have their own unique overtime exempt, non-exempt provisions).
• Review the 11 job analysis questions required by Part 541 Regulations, with the eDOT average answer (SCO) captured to date by PAQ's eDOT Skills Project. Alter measures and comments as required to preserve job history rationales often forgotten.
• Review FLSA's 11 bright-line classification measures (standard deviations) based on hundreds of thousands of job analyses; use these distributions for future Daubert Challenge exposure.
• Graphically display these rates of error in the form of distributions for any question, greatly enhancing the ability to discuss with employees the range of measures that might be selected.
• $889/annual subscription

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Example Screens for FLSA Testing:

First of Two Editions Available to All ERI Subscribers	FLSA Tests Are Pure Old-Fashioned Job Analysis
Profile Resident Address and Industry of Interest	Review the FLSA Estimates
Click on images to enlarge

Free Demo/Job Search Edition Occupational Assessor provides unique assistance to job seekers, particularly individuals unexpectedly unemployed, those returning from military service, or those with disabilities. This complimentary and easy-to-use software identifies, in today's terms, the skills, knowledge sets, and mental and physical capacities found in work in America. With a few clicks of a mouse, specific jobs, local employers staffing those jobs, job availability statistics, and online job postings within the commuting range of a job applicant become available.

• Identify individual education, skills, present residence, and any limitations on physical and mental capacities and review the jobs found nationally or locally for which present capacities and past training might qualify.
• Review example jobs (A-B) in the revised FLSA edition redesigned for discussion with employees should the DOL's proposed "disclose, discuss, and retain" record keeping requirements be adopted.
• Review an example disability determination Illustration for jobs starting with the letters A-B for US Average, Atlanta, & Boston.
• Free

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Example Screens for a Job Search:

Create a Filter of Capabilities and/or Limitations	Profile Resident Address and Industry of Interest
View a List of Potential Jobs	Review Job Availability Statistics
Find Local Employers with These Jobs	View Job Boards
Click on images to enlarge

Consultant Edition Occupational Assessor (OA+) & Survey is for use by major disability carriers (some with over 50 subscriptions) and vocational experts (an official IARP committee now studying). Features include:

• All Professional Edition OA data and features plus
• Identify an individual's past jobs/employers and change OA+ "average" job descriptions and measures as required (identifying the skills and capacities one once acquired)
• Review the source data; use eDOT's new data and/or review the Archived 1991 Dictionary of Occupational Titles (if required, as some states and federal agencies still mandate DOT's use)
• Review three methods of computing selected characteristics of occupations (all, with or without Internet visitor input; that is, limiting data to that from field analyses of subject matter experts only)
• Review the likelihood of a favorable SSADI determination as the eDOT Skills Project database contains the 20 mental/cognitive questions found in SSA desk workpapers. OA+ attempts to mirror the SSA Sequential Determination Process
• $2,389/annual subscription

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Example Screens for Disability Determination Assessments

Begin with Capturing an Individual's Work History	Capture the Geographic and Location Histories
Contribute a Job Analyses for Present/Recent Jobs	Capture the Maximum Capacities Illustrated
Describe the Individual's Physical/Mental Capacities	Review a List of Potential Jobs
Review Job Availability Statistics	Review Local Employers with these Jobs
View Job Board Postings	Access Help for Descriptions of Individual Features
For In-depth Research, See Field SME Job Analyses	If Necessary, Review Original DOT SCO's
Click on images to enlarge

ERI Salary Surveys (for-profit US, Canada, Italy, UK, and France companies) and in the US, for nonprofits: Abbott, Langer Association Surveys (providing tax-exempt and association sponsored compensation information since 1967)

These $489 - $689 traditional salary surveys offer pure employer-provided survey input with data for both executive and non-managerial jobs.

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