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Morgana
05-15-2007, 08:57 AM
I want to check with you on here.

A friend is a police captain for a local town (no union). He is exempt. Recently all the Captains who were administrative have gone back to regular patrol duties due to a manpower shortage. They are still classified as exempt and get no overtime.

I could see doing regular patrol duty for a short time and remaining exempt if the situation was temporary. However the memo they got does not indicate if this is temporary or permanent.

Since the job duties have changed, should the exempt status change also? Pay has not changed.

joec
05-15-2007, 09:06 AM
I want to check with you on here.

A friend is a police captain for a local town (no union) .
Theres his problem,he can negotiate with the employer on his own though since he has not waved that right by joining a union.;)
JoeC

Morgana
05-15-2007, 09:09 AM
I guess I've been soundly told off.
I guess neither my questions nor comments are welcome here.
Thank you for your help.

joec
05-15-2007, 09:15 AM
Lighten up Morgana,it's not personel your comments are welcomed here. Stick around we have an employment attorney from Georgia that reveiws all these Georgia threads.
If I knew you were going to take it personel I wouldnt have posted. Jeez!
JoeC

DAW
05-15-2007, 10:03 AM
I am not the employment attorney from Georgia. Federal (FLSA) rules on Exempt handling can be found below. Governmental employees (such as police officers) sometimes have special handling under FLSA but I am not familar with that handling. Maybe Patty is. She is MD (not GA) but runs payroll for a large city.

I also am not familar with GA, other then it has a "just like federal" reputation with supposedly little in the way of state specific rules. I would recommend that your friend keep track of actual hours worked since this change occured. Also, keep track of hours which seem Non-Exempt in nature compared to those that are Exempt in nature. The website below will explain what that means. Look at maybe the Executive exemption.

http://www.dol.gov/esa/regs/compliance/whd/fairpay/main.htm

Pattymd
05-15-2007, 10:19 AM
Police officers (firemen, folks like that) have an exception regarding how many hours must be worked before overtime is due. However, to my knowledge, the primary duties test still applies.

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