I began working for a company back in January, That Hired me as Salaried Exempt. I did not agree to that status nor did they mention at my interview that that was my status. they told me how overtime was good and to me I think of overtime as Time and a Half. What are the requerments to meet Exempt status?
Becouse I dont think that my Job meets that status.
Also, is there anything I can do for them not having mentioned such a status?
Pattymd
04-14-2007, 05:11 AM
Depends on how far this law would stretch and how much they did actually say or provide in writing:
Each employer shall: (1) Advise his employees in writing, at the time of hiring, of the rate of remuneration, hours of employment and wage payment schedules, and (2) make available to his employees, either in writing or through a posted notice maintained in a place accessible to his employees, any employment practices and policies or change therein with regard to wages, vacation pay, sick leave, health and welfare benefits and comparable matters.
http://www.ctdol.state.ct.us/wgwkstnd/laws-regs/wglaws.htm#furn
Here's an overview of the federal criteria. If you have questions after you read this, please post back.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm
xandalf
04-14-2007, 04:52 PM
I just read through the link that I was sent regarding exempt employees. I do not meet the requirments in any fields. My Employment verification form Did not say I was getting paid a salary on it. It said that I was getting a certain amount per month. But my job is an electronic technition. I install components, therefore manual labor. therefore, I cant see how they justified me as exempt. I don't do anything managerial. I don't deal with very much paper work. I could not find anywhere on that link you sent me that exempt status applys to me. Infact, I think I would be a blue collar worker, and it specifically said that Blue Collar does not qualify. Or does Blue collar make less than that minimum mentioned?
DAW
04-14-2007, 06:54 PM
"Salary" per se is legally meaningless. Either Exempt or Non-Exempt employees can be paid on a salary basis. What is important is the Exempt status. Non-Exempt employees must be paid overtime and Exempt employees have no legal right to paid overtime.
Under federal rules, unless something the employer did rises to the level of a contract (not very likely), all promises that the employer did or did not say are not legally something the employer can probably be held to. Absent a contract, employers can generally legally change conditions of employment on a go forward basis. I am not saying it is impossible that under federal rules you have a claim, but it is not very likely. If you think otherwise, talk to a lawyer.
Patty knows a lot more about CT rules then I do, so she will have to follow up those issues. States can and sometimes do have rules that are more generous then the federal rules.
Arguably the main issue, the only main issue, is whether you are correctly classified as an Exempt employee. If you do not qualify for one of the federal (FLSA) Exempt classifications, and based on what you said you probably do not, then your employer owes you paid overtime for all hours worked past 40 in the workweek. Re-read the Computer Professional Exemption. I am not saying that you qualify for that (you probably do not), but that is probably what the employer will try to claim.
xandalf
04-14-2007, 07:16 PM
I would like to know exactly how my employer justifies me as an "exempt". My work with computers does not include software, I just wire them together. I don't make the hourly minimum, but I do make more than the weekly minimum. After reading through all of the arias, I cant find how I meet any of the "exempt" catagories. And there fore, what my employer told me, and what is actually written on paper, do seem to coincide. My employment agreement, which I signed, does not say that I am employed under exempt status. I didn't realize they were paying me exempt until after I had finally worked about 60 hours of overtime. that was when I noticed my pay didn't seem right.
cbg
04-15-2007, 12:13 AM
Since we're not inside your employer's head, we have no idea how they are justifying it. :confused:
Maybe on Monday you should ask them and show them the links?
xandalf
04-15-2007, 12:26 AM
I don't want there to be an negative repracusion on me because I quistioned there way of buisness. Could they let me go because I questioned there practices?
cbg
04-15-2007, 01:07 AM
Not in the way we're talking about.
Let's put it this way. If you were fired for asking them to explain your exempt status, the first advice I would give you would be to contact your state DOL and ask them for the procedures to file a wrongful termination claim.
Now, if you were questioning a procedure that did not have to do with protected rights, then they could fire you for it. It might or might not make good business sense, but it is legal.
But you have a right under the law to be classified and paid correctly, so firing you for asking about it would be questionable at best.
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