Law360 published an article written by Shlomo Katz titled "When Exempt Employees Don’t Meet Performance Expectations"

From the article:

At some point in the coming months, some employers may
begin to suspect that some of their recent hires aren’t going
to live up to their promise. Maybe these employees are
classified as exempt from the minimum wage and overtime
requirements of the Fair Labor Standards Act because they
were hired to perform work that involves making
recommendations about matters that are significant to the
employer or because they were thought to be ready to work
as professional lawyers, doctors or engineers, but they don’t
seem to be working on the level usually associated with such
exempt positions. Should they be classified as nonexempt
and paid overtime? Is there a minimum level of performance
necessary to qualify for exemption? This article will examine
that question.

To read the full article, click here.