Tolerating Poor Performance Can Bolster Exemption Challenges

Employers generally appreciate the importance of promptly, effectively, and consistently addressing an employee's inadequate performance.  Not doing so can adversely affect productivity and workplace morale, can establish bad precedent, and can make future discipline problematic.

However, the importance of insisting that an employee perform each of his or her job duties to management's complete satisfaction is rarely discussed in the context of the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions.  Overlooking or even permitting substandard work can make it harder to defend against claims that an employee should not have been treated as exempt.

Expectations vs. Facts