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View Full Version : Can employer make you exempt without notice?


verdi
07-22-2008, 07:44 PM
I was hired by a company as administration support and my hire letter clearly states an hourly wage and defines overtime as 1.5 times hourly for any hours over 40 in a week. I was told that we wouldn't be working overtime because it wasn't in the budget.

Two weeks after I started, I heard through the office grapevine that all admin staff "have been changed to exempt employees" and ineligible for overtime pay. I asked my supervisor to find out what was happening and it took another week to see anything in writing -- and that was a form they asked my supervisor to sign, that stated my position was now exempt.

I understand that admin workers are one class that can be designated as exempt, but can HR change my job classification on the fly, without discussion or a document signed by me, agreeing to the new pay/job conditions?

The reason cited for making us all exempt is that we run quite a few after-hours events or meetings and the lack of overtime budget meant the company had to send hourly staff home when they hit 40 hours, regardless of whether everything was ready for the event. My responsibilities have expanded so that I can easily work 50-60 hours each week, but that is probably a separate post. :)

I doubt I would have accepted this salary for 50-60 hours a week. I'm trying to determine what issues are legal and which might just be ethical so I can decide what to do next.

verdi
07-22-2008, 11:32 PM
Just noticed that it didn't record my state -- I'm in Arizona.

Pattymd
07-23-2008, 03:53 AM
If you meet the criteria, the employer doesn't need your permission unless you originally had a bona fide employment contract.
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17c_administrative.pdf

DAW
07-23-2008, 06:38 AM
Agreed that no permission is normally required to change the classification, although I am skeptical that all office staff (if that is what you meant) can actually meet the FLSA tests for Administrative exception. Take a hard look at the document that Patty referenced.

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