santech
01-15-2008, 02:06 PM
I have a pretty unique situation. My company has group leaders, administrators and HR Generalist that are all classified at the same level. All are exempt from overtime but the company allows overtime for exempt employees. Both the Group Leaders and Administrators were all hourly and were recently changed to salary, exempt. The HR Generalist has always been salary exempt.
Everyone except the HR Generalist receives overtime pay for time worked after 8 hours in a day. The HR generalist is the only one that does not receive any overtime. The group leaders and the administrator are either white or Hispanic and 2 are women. The Generalist is a black female. Is this legal? Is there decimation going on? If so, what agency should be contacted?
ScottB
01-15-2008, 03:58 PM
I am really confused about the post.
Exempt employees don't get overtime. There could be some argument about the prospect of the company losing the exempt status, should they pay exempt employees an hourly overtime rate.
Even for non-exempt employees, Texas does not require daily overtime.
TheRed
01-15-2008, 04:13 PM
Decimation? You mean they're killing off every tenth employee? If so, call the cops!
Employers are allowed to award exempt employees for going above and beyond. To avoid busting the salary basis, the extra is no usually based on hours worked. So it generally takes the form of accelerated PTO accrual, better fringes, occasional bonuses, flexible schedules, etc.
The extras can be different for different jobs without being discriminatory.
You are the only HR generalist in the company?
Beth3
01-16-2008, 10:32 AM
I have a pretty unique situation. My company has group leaders, administrators and HR Generalist that are all classified at the same level. All are exempt from overtime but the company allows overtime for exempt employees. Both the Group Leaders and Administrators were all hourly and were recently changed to salary, exempt. The HR Generalist has always been salary exempt.
Everyone except the HR Generalist receives overtime pay for time worked after 8 hours in a day. The HR generalist is the only one that does not receive any overtime. The group leaders and the administrator are either white or Hispanic and 2 are women. The Generalist is a black female. Is this legal? Is there decimation going on? If so, what agency should be contacted?
It's not illegal to provide overtime pay to some exempt employees and not others. I've worked places where exempt supervisors received OT for working on weekends but no other exempt employees did. I'm not seeing how race is an issue here.
Decimation? You mean they're killing off every tenth employee? If so, call the cops! Good one. :D
Texas709
01-16-2008, 10:54 AM
Decimation? You mean they're killing off every tenth employee? If so, call the cops!
In Texas, we call that a reduction in force!
santech
01-17-2008, 03:18 PM
Sorry, meant discrimination. Yes, I am the only HR Generalist in the company. Race is not necessarily a factor, but because the company is not treating each employee at the same level of employment the same, that could be looked at as being unfair employment practices. I may be wrong.