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  1. #1
    Join Date
    Jul 2009
    Posts
    1

    Default Exempt Position Compensation

    My question involves employment and labor law for the state of Florida: I am classified as an Exempt level employee working as a front line supervisor. There is not a level of leadership between my position and the hourly personnel performing the work. I serve as the Foreman and the Supervisor. I am directly responsible for directing and supervising approximately 20 people. Our organization works 24 hours per day, 365 days per year. The evening and midnight shifts are supported with minimal personnel staffing (4 technicians per shift). My manager has elected to not provide a supervisor on these shifts and rotates my position as a duty call responder. There are 4 Exempt supervisors in my position and we take turns each week with the duty call responsibility. When we are the designated duty call person, our employer requires no consumtion of alcohol and you must remain able to report to the facility within 1 hr of being called. We are often called to resolve issues during off normal hours. I am often verbally expected to work 10, 11 or 12 hours per day and usually not compensated. When our facility enters extended scheduled maintenance, I do receive OT at a straight time rate for most hours worked. During normal periods, I work similar hours and am not compensated. I have tried to get my manager to put in writing the work schedule expectations but he has not done so. My posted job description and work schedule indicate I am to work 9 hours per day and have an alternating Friday off. My manager has elected to not honor the schedule and requires us to work the alternating Friday. When the alteranting Friday off was discontinued, our work schedule was revised to an 8 hour day. My manger continues to verbally require a large volume of unpaid hours to directly supervise personnel. When I push back a little and ask questions, I am usually provided a response indicating I will receive comp time for the extra hours worked. However, they never actually deliver with the time off. I am wondering how the law is arranged for this application? I understand the exempt position is just that. Is there anything related to my duty of directly supervising personnel that would suggest compensation for time worked?

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Exempt Position Compensation

    I don't have time to deal with this right now (lunch is over), but if nobody else responds, I'll try to get to it tonight or tomorrow. Bump it if you don't hear from someone by tomorrow night.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Exempt Position Compensation

    If you are an exempt employee, you are not required to receive any additional "compensation" over your regular fixed weekly salary no matter how many hrs. you work. Your employer can give you add'l. "compensation" but it is not required.

    Patty (payroll person) may have something additional to add.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Exempt Position Compensation

    I just wanted to read through this a little more carefully to see if there was a chance you were really nonexempt. But you do probably qualify under the Executive exempt classification, so Betty's comments are right on.
    http://www.dol.gov/esa/whd/regs/comp..._executive.htm

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Exempt Position Compensation

    Thank you, Patty.

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