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  1. #1
    Join Date
    Nov 2009
    Posts
    5

    Default "Exempt" Employee Being Treated As Hourly Employee

    My question involves employment and labor law for the state of: Georgia

    I am supposed to be an exempt employee. Roughly 4 months ago, my employer decided to cut all employee's hours by being shut down one day a week. At this time I was told that I would not be paied for the one day a week I would not be going into work. My paychecks have since then shown my full salary and then a deduction for the 2 days during that pay period that I would not be working on. I recently read the FLSA rules regarding exempt employees and this appears to be an illegal practice that would subsequently qualify me to be a non-exempt employee. Is this the case and how should I address this issue?

    Thank you

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

    Default Re: "Exempt" Employee Being Treated As Hourly Employee

    Yes, that would be a violation of this regulation:
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

    and jeopardizes the exemption.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.603.htm

    You would have to file a complaint with the federal Dept. of Labor, since Georgia doesn't have any wage and hour laws of its own or even a DOL for this purpose.

  3. #3
    Join Date
    Nov 2009
    Posts
    5

    Default Re: "Exempt" Employee Being Treated As Hourly Employee

    I am slightly fearful of reporting them though, as I am afraid that I would lose my job if they found out I did so. I know that would open a whole nother can of legal beans, but legal beans don't pay the bills and put food on the table.

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

    Default Re: "Exempt" Employee Being Treated As Hourly Employee

    How long has this been going on?

  5. #5
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: "Exempt" Employee Being Treated As Hourly Employee

    Sorry, went back and checked. Four months. You could wait for a while, see if you get put back on full salary. The SOL for claims is two years, three if the violation is deemed to be willful.

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