-
Am I Salaried Exempt
My question involves employment and labor law for the state of: Texas
I am a salaried employee. I am a supervisor that has a team of about 20 people. I am at the level just above them however above me are assistant managers, Operations Managers, General Managers etc.
While we do perform some of the interviews, we do not actually make the decisions to hire...this is done in HR after all the background checks etc.
When someone is up for termination, they are "pending review" which is done by upper management.
My income exceeds the $455 per week but I'm not sure about the rest of it. We are required to work 45-50 hour weeks and I'm just wondering if we should be compensated for the over 40. Some get comp days for working extra days but its at the discretion of the manager so not everyone gets them.
I am salaried and we do not punch a time clock, however taking off is very much discouraged...lol.
-
Re: Am I Salaried Exempt
Are you saying that 20 people report to you?
FYI ability to hire and fire is not a drop-dead requirement for exempt status.
-
Re: Am I Salaried Exempt
Yes about 20 people report to me. I wasn't sure on the hire/fire thing. I'm assuming that I am exempt since I'm not paid overtime even though its a requirement but I'm not sure what the requirements are.
-
Re: Am I Salaried Exempt
You've got it backwards. It's not that you're exempt because you're not paid overtime; you're not paid overtime because you're exempt.
That's what an exempt employee is exempt FROM - being paid overtime.
If you have 20 direct reports I think it's a pretty good bet that you are legitimately exempt whether you have hiring and firing power or not. And if you are an exempt employee, then there are no circumstances whatsoever under which you are due overtime under the law - even if you were to work 168 hours a week.
-
Re: Am I Salaried Exempt
The absolute decision to hire or fire is not required to meet the executive exemption under the FLSA but involvement in the process is required (for the executive exemption). The exact language is listed below.
"The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight."
Your involvement in the hiring process (the interview) would be evidence that your suggestion is given weight. If it is your recommendation to fire that is "pending review" by upper management you appear to be correctly classified as exempt. Involvement in both hiring and firing would bolster your employer's classification of you as exempt, but involvement in one process would be enough to meet this prong of the test.
-
Re: Am I Salaried Exempt
The executive exemption is only one of several possible exemptions.
-
Re: Am I Salaried Exempt
Thanks for the info....I do believe I am exempt but wasn't completely sure. Sounds like I am.