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  1. #1
    Join Date
    Jun 2011
    Posts
    3

    Default 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.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

  3. #3
    Join Date
    Oct 2010
    Location
    Second star to the right...
    Posts
    323

    Default 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.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Am I Salaried Exempt

    The executive exemption is only one of several possible exemptions.

  5. #5
    Join Date
    Jun 2011
    Posts
    3

    Default Re: Am I Salaried Exempt

    Thanks for the info....I do believe I am exempt but wasn't completely sure. Sounds like I am.

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