Engineers (not licensed) Exempt or Nonexempt?

Dazed

This post is most appropriate for anyone in the consulting engineering business, but I welcome all feedback. In our firm, we have consistently classified new graduate engineers as nonexempt until they obtain their Professional Engineering (PE) license. In addition, we have not given these new grads the title of engineer until they are registered. New grads with EITs are Senior Designers (nonexempt). Of course, there are some cases where an engineer grows in other areas that would meet the professonal or executive exemptions but that happens only occasionally in our firm.

We have recently been acquired by a larger firm and I'm reviewing classifications. I believe there is a difference in how we apply this relative to new graduate engineers and now I'm gun shy. It's been a long time, but I feel sure that about 10 years ago there was case law that substantiated both of these issues (title and classification). I find the FLSA to be very gray in this area. What do you do?

stilldazed

Focus less on their job titles and more on the tasks they actually perform. If they are given independent discretion to use the skills they learned in engineering school to design, create, and find solutions, they may satisfy the exemption. If they are simply assisting other PEs, carrying out mundane tasks of calculations, overseeing projects with no authority to act as an engineer, or communicating directions/instructions to others that have been issued by a PE, they are not yet working within the full scope of their engineering degree and could easily be qualified as nonexempt.

While a PE has the credentials to actually approve designs, a trained engineer waiting to pass the PE test could be performing the same functions under the overall review of a PE. The situation would then be a highly skilled science working within the scope of an advanced degree--exempt. However, the alternative would be if the new grads' job functions are so limited that they are not being permitted to actually practice engineering until they are fully credentialed to certify the soundness of designs.

best wishes.

ray a

I agree with Stilldazed. I work in the electronics industry and we have engineers who support the mfg process. Only about 70% of our engineers are degreed, but all are exempt based on the tasks they perform. Some companies will have engineering tech positions for those who perform lesser, supportive roles to the engineers that are non-exempt. Sounds like that is how you classify your non-licensed entry level engineers.