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curiousQ
01-18-2008, 07:42 AM
Hello Everyone,
Again, I also searched for a thread of this specific nature, but only found modifications of what I'd like to ask.

My status as an employee is considered exempt-professional. Not until I read a recent article, did I even consider the fact that overtime-pay may apply under certain circumstance to my status.

During the past six months, my co-workers and I have been doing extended amounts of work at home (20 + hours sometimes). This is in addition to a full work week. I inquired to HR about this, and they stated exempt is exempt, period. Instead of hiring new employees, the company is just "dividing up the work" among everyone. This has been detrimental to everyone's morale, and also, the quality of work performed. I've tried to look at the Fair Labor Standards Act, but the lines are very gray.

Does anyone know the specifics? Have any of you had personal experiences receiving overtime as an exempt employee?

Thanks!

Pattymd
01-18-2008, 07:48 AM
The key is "primary responsibilities". The rule regarding 20% of time spent in nonexempt work invalidating the exempt status is no longer applicable. The issue is not "receiving overtime as an exempt employee", but no longer meeting the criteria for exempt status and thereby reverting to nonexempt status (and, therefore, overtime would be legally due).

Generally speaking, exempt IS exempt. Are you saying that you are now spending a large percentage of your time doing nonexempt type work? What type of work? When you do this work for, say 20 hours per week, how many hours are you spending doing your regular work?

And what "profession" are we talking about?

curiousQ
01-18-2008, 10:19 AM
The profession is an instructor at a technical institute. Basically, we've all been given more classes, but are being paid the same. The work at home is the extra work (grading, answering e-mails etc.) that go along with this line of work.

ElleMD
01-18-2008, 10:38 AM
Typically that would qualify as exempt so long as you are developing your own lesson plans and assigning the homework and projects.

Pattymd
01-18-2008, 10:58 AM
I agree. Grading, answering emails from students, etc. are part of being a teacher.

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