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How Can an Employee Determine if He's Classified Correctly

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  • 03-29-2015, 08:42 PM
    Thisguy23
    How Can an Employee Determine if He's Classified Correctly
    My question involves employment and labor law for the state of: Iowa. My employer is classifying me as an exempt employee. I climb towers and install antennas on them. My work days are m-f and at a minimum 10 hour days sometimes 12 or 14 hours. However, my employer has me on salary and I am only paid for 8 hour work days. So my check shows 40 hours a week. Is my employer classifying me incorrectly so that I do not get paid overtime? If I miss a day of work for any reason I am docked 8 hours of pay. The only reason I would think they are not required to pay overtime is because the company has only been open a year and a half and they only have 9 employees. Can someone please advise me on this. I should also note that my employer does Not keep a record of the hours we work. They are not set hours. It's at their discretion as to what time we show up and leave.
  • 03-29-2015, 08:48 PM
    flyingron
    Re: Am I Classified Correctly
    Do you supervise anybody else? Not that it matters too much. They aren't treating you either as EXEMPT or NON-EXEMPT.

    How long the company has existed or how many employees they have doesn't much enter into it.

    The Iowa State DOL site is here: http://www.iowaworkforce.org/labor/ and they have links there to the appropriate federal page as well.
  • 03-29-2015, 08:50 PM
    Thisguy23
    Re: Am I Classified Correctly
    I am as low on the totem pole as you can get. I am over no one. I will check out the links. Thank you!
  • 03-30-2015, 06:24 AM
    eerelations
    Re: Am I Classified Correctly
    You're probably non-exempt.
  • 03-30-2015, 06:28 AM
    cbg
    Re: Am I Classified Correctly
    Non-exempt sounds right to me.
  • 03-30-2015, 07:48 AM
    flyingron
    Re: Am I Classified Correctly
    I agree, but the employer's behavior isn't correct even for exempt employees, let alone non-exempt. The worker in this case appears to be much better off if he were properly treated as non-exempt though.
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