Results 1 to 10 of 33

Hybrid View

  1. #1
    Join Date
    Sep 2014
    Posts
    25

    Question Promoted to an Exempt Position, but Still Doing Non-Exempt Work

    My question involves employment and labor law for the state of: My state follows federal laws.

    I work for a company and the group of people I work with (mostly high school diplomas, a few have some college, but no degree) set-up, operate and clean processing equipment. The processing requires us to wear protective apparel, dusk masks and steel toed shoes. The batches that we process using equipment are given to us from an advanced degree scientist that prepares the formula sheets. We review the formula sheets and set-up the equipment that is required. We follow the formula sheets like recipes and make adjustments to the machines as needed for the batches to process successfully. Once done processing, we clean the equipment. During the processing, we obtain samples, record observations and suggest corrective actions if necessary. We do physical testing and record results on various samples that are obtained during processing. This is at least 90% of our daily duties. Other duties: reading and responding to emails, reading training documents and occasionally attending a meeting to discuss a formula’s process feasibility.
    A couple years ago, they promoted me giving me a new title, a small raise and additional duties (supposedly) and told me that I am exempt now, on a salary and do not get paid over-time anymore. My problem is that my duties never changed. I’m still doing the same work I did before, working with the same co-workers doing the same job as them. I have complained to 3 different bosses since my “promotion” (My direct boss has changed 3 times). They always passed the buck… I finally went to a HR rep. They told me that since my promotion, I have more responsibility than before. I told them my duties have not changed and ask for a job description for my new title. The HR rep told me that it is not their policy to hand out job descriptions to employees and if I wanted to know my duties, I would have to ask my boss. Please give advice, I feel as nobody sees my side of this situation.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Promoted, Now Exempt, but Still Doing Non-Exempt Work. What Should I Do

    You still need to tell us what state you're in.

    How much are you getting paid?
    Do you supervise anybody?

    Note that you don't necessarily have to have a change of duties to be moved form non-exempt to exempt. The employer is free to treat exempt employees as non-exempt.

    You're free to make a complaint but since you decided to be catty rather than answer the questions, how to best do that we can not say.

  3. #3
    Join Date
    Sep 2014
    Posts
    25

    Default Re: Promoted, Now Exempt, but Still Doing Non-Exempt Work. What Should I Do

    In Pa, $1000 a week, do not supervise anyone

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

    Default Re: Promoted, Now Exempt, but Still Doing Non-Exempt Work. What Should I Do

    If you feel that you should be classified as non-exempt and your employer is not explaining what exempt category he feels you belong in, your recourse is to have your position reviewed by the DOL.

  5. #5
    Join Date
    Sep 2014
    Posts
    25

    Default Re: Promoted, Now Exempt, but Still Doing Non-Exempt Work. What Should I Do

    My company has a compliance line handled by a third party to report any situations that are against company policy, violations to state for federal laws. Would this line be useful as a first step before going to DOL?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Promoted, Now Exempt, but Still Doing Non-Exempt Work. What Should I Do

    Absolutely. It's always advisable to use all self-help methods first before going to an outside regulatory agency.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Promoted, Now Exempt, but Still Doing Non-Exempt Work. What Should I Do

    At $1000 / wk you're over the threshold for when they have to pay you overtime. Makes no difference if you were making $1000/wk in your old job and you did.

  8. #8
    Join Date
    Sep 2014
    Posts
    25

    Default Re: Promoted, Now Exempt, but Still Doing Non-Exempt Work. What Should I Do

    Quote Quoting flyingron
    View Post
    At $1000 / wk you're over the threshold for when they have to pay you overtime. Makes no difference if you were making $1000/wk in your old job and you did.
    I am over the threshold, but doesn't your primary duty that you actually perform trump that?

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Promoted, Now Exempt, but Still Doing Non-Exempt Work. What Should I Do

    Highly compensated employees performing office or non-manual work and paid total annual compensation of $100,000 or more (which must include at least $455 per week paid on a salary or fee basis) are exempt from the FLSA if they customarily and regularly perform at least one of the duties of an exempt executive, administrative or professional employee identified in the standard tests for exemption.

    (Cut and pasted directly from the DL website - emphasis mine)(

    1. Sponsored Links
       

Similar Threads

  1. Compensation and Overtime: Is a Therapist Completing an Internship an Exempt or Non-Exempt Employee
    By alananichole in forum Employment and Labor
    Replies: 5
    Last Post: 08-19-2014, 08:30 PM
  2. Compensation and Overtime: If Your Position is Reclassified as Non-Exempt Can You Claim Retroactive Overtime Pay
    By Shruikan in forum Employment and Labor
    Replies: 2
    Last Post: 07-20-2013, 07:45 PM
  3. Compensation and Overtime: Employer Blurring Lines of Exempt and Non-Exempt
    By 4corners in forum Employment and Labor
    Replies: 1
    Last Post: 02-08-2013, 01:58 PM
  4. Compensation and Overtime: Exempt Position Compensation
    By Neubium in forum Employment and Labor
    Replies: 4
    Last Post: 08-01-2009, 03:21 AM
  5. Job Benefits: Health Insurance Problems After Switch From Non-Exempt to Exempt
    By crackerman327 in forum Employment and Labor
    Replies: 5
    Last Post: 11-15-2007, 11:56 AM
 
 
Sponsored Links

Legal Help, Information and Resources