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  1. #1
    Join Date
    Jun 2015
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    2

    Default Can a Non-Exempt Employee Be Assigned to Perform Exempt Employee Duties

    My question involves labor and employment law for the state of: Kentucky
    I work as a federal contractor employee, since the elimination of the companies salaried/FSLA exempt Team Leader position the following managerial duties have been delegated down to 6 nonexempt Photographer II, III and IV positions. Providing audio/visual support is our primary duty. From what I understand, according to the Fair Labor Standards Act, these tasks fall under managerial and supervisory duties and as nonexempt employees we are not being fairly compensated for performing these managerial and supervisory duties or are all the following duties fairly assigned to us? Since these duties are shared by the six of us I would say they take up about 30% of our work hours.

    -Property Book Management: each nonexempt employee has had to sign a hand receipt for various parts of the company property book and tasked with carrying out monthly hand receipt inventories.
    - Customer Overtime Quotes: nonexempt employee are now tasked with calculating customer overtime quotes for video productions by creating spreadsheets which are provided to the customer, following up with customers to ensure that funds are transferred and maintaining overtime quote records.
    -Assigning Work Orders: nonexempt employee are tasked with assigning and distributing customer work orders and determining work schedules, ensuring work is evenly apportioned.
    -Submitting Production Reports: Photographer IVs have been tasked with submitting daily written Production Reports to the Assistant Contract Manager.
    -Photographer IVs are held accountable for production and performance failures of other employees and responsible for conducting daily morning meetings to assign work orders, assess workloads, and conduct safety briefings.
    - Managing work orders: nonexempt employees are the primary contact for the customer inquiries and are responsible for contacting the customer for coordination, planning and clarification of requested work.
    -Safety Training: each nonexempt employee has been tasked to develop, plan and conduct monthly Safety Training to the section.
    -Develop Job Hazard Analysis we have been tasked with creating DJH for new equipment.
    -Conduct job training we have all been tasked with training new employees by certain deadlines.
    -Participate in the interview process for new employees, nonexempt Photographer IV have been tasked to conduct group interviews along with the Assistant Project Manager to help determine the best candidates for employment.
    -Procuring new equipment: nonexempt employees have been tasked with researching new equipment, obtaining cost quotes and submitting purchase requests to the Assistant Contract manager.

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

    Default Re: I Am a Nonexempt Employee Am I Doing Exempt Employee Duties

    Here's the thing.

    ANY employee can legally be classified as non-exempt. While it is illegal to classify someone as exempt who does not qualify to do so, the reverse is not true. If Microsoft wanted to classify Bill Gates as non-exempt, they could, and it would be absolutely legal.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: I Am a Nonexempt Employee Am I Doing Exempt Employee Duties

    Further, nothing in the FLSA says nothing about additional compensation for exempt employees. In fact, being 'exempt' means that many of the FLSA rules don't apply to you (i.e.., you're not obliged to be paid for all hours worked plus overtime for that over 40, etc...).

  4. #4
    Join Date
    Jun 2015
    Posts
    2

    Default Re: I Am a Nonexempt Employee Am I Doing Exempt Employee Duties

    I thought if a nonexempt employee is performing managerial duties, he qualifies to be classified as an exempt employee. My question is, can nonexempt employees be tasked doing the above managerial duties?

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: I Am a Nonexempt Employee Am I Doing Exempt Employee Duties

    You were wrong. As CBG already told you, a person performing certain duties MAY be classified as exempt, but the employer is free not to.

    I'm still missing why you think there's some advantage to being classified as exempt. The term exempt means that the employee, due to his supervisory or technical role, is not subject to the FSLA rules on pay.

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

    Default Re: I Am a Nonexempt Employee Am I Doing Exempt Employee Duties

    Just because you qualify to be exempt does NOT mean you have to be classified as exempt. It IS legal for someone who qualifies to be exempt to be classified as non-exempt. If you thought otherwise, you were wrong.

  7. #7
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: I Am a Nonexempt Employee Am I Doing Exempt Employee Duties

    I think you need to read between the lines on this one. He's not really asking about exempt vs nonexempt. His perception is that he is being asked to perform higher value work and get nothing extra for it.

  8. #8
    Join Date
    Sep 2010
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    19,901

    Default Re: I Am a Nonexempt Employee Am I Doing Exempt Employee Duties

    Quote Quoting chyvan
    View Post
    I think you need to read between the lines on this one. He's not really asking about exempt vs nonexempt. His perception is that he is being asked to perform higher value work and get nothing extra for it.
    This is what I was asking. What benefits does he think being classified exempt mean. It certainly has nothing to do with the amount of payment, just how the hours worked->gross pay is computed. They could convert you to exempt and pay you LESS than if you were non-exempt.

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

    Default Re: I Am a Nonexempt Employee Am I Doing Exempt Employee Duties

    You're probably right, chyvan, but he's wrong on that one, too. He does NOT legally have to be paid more for taking on additional duties or managerial duties or any kind of duties. No matter what duties he is performing, they may classify him as non-exempt and pay him at exactly minimum wage (the higher of state or Federal, if different) and as long as he gets paid for all the time he works and time and a half for any hours over 40 in a week, the law will consider that he has been paid correctly.

  10. #10
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: I Am a Nonexempt Employee Am I Doing Exempt Employee Duties

    About the only benefit to being classified exempt is that they technically can't dock you if you work fewer hours.

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