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View Full Version : Am I Exempt or Non-Exempt Wisconsin


QAM
02-27-2009, 10:37 PM
I am unsure where I fall. I am a Quality Control Manager. My job requires me to watch and report anything that is not in accordance with our contract. I have no authority to penalize, hire, fire, or the like. I am basically there to insure that everyone is following the rules. I report back to my project and assistant project managers if there is a violation. I basically inspect and watch. My title says Manager and there is another person working with me who is making the same amount of money I am (although when I applied for this position, I had to have 2 more years of experience). This company has a union for hourly employees and we were told we were not allowed to join (per the company) We are required to work a minimum of 45 hours a week, be available by phone 24/7 and drive to many worksites using our personal vehicles. None of this is compensated by the company. I guess I would like a little help determining which category I fall in to. Thank you

Pattymd
02-28-2009, 06:04 AM
If you don't supervise at least two employees, you don't qualify for the Executive exemption. Only one that might apply then is the Administrative exemption, but if you don't regularly exercise "discretion and independent judgment" (among other things), that wouldn't fly either.
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17c_administrative.pdf

QAM
02-28-2009, 07:55 PM
Thank you for your help. How would you define " descretion and independent judgment"? Is it the obligation of my employer to define status when I ask? And do I have to have some sort of pay arrangement in writing? Or can they just keep changing my schedule and hours worked at their whim? And do i have to meet all of the tests to define whether or not I ma exempt or non-exempt? The Wisconsin State test is different than the federal one. Which one applies -is it the one to the advantage of the employee? I asked my Assistant project manager which one I fell in to and she didn't even realize that there was a difference. She said the answer that I would get if I asked the Project manager would be "whichever was to the benefit if the Company."

Pattymd
03-01-2009, 06:41 AM
I don't define it and the FLSA does not have a bright line either, but describes such conditions in the link I previously provided.

The employer should be able to defend the exemption if asked, although they aren't legally required to defend it to you. You can address it something like "my research seems to imply that I am misclassified as an exempt employee. Can you tell me which exempt classification you are using for my position?" And you don't ask the Project Manager, you ask Human Resources.

The "pay arrangement" does not have to be in writing.

Yes, the employer has the legal right to change schedules as necessary, as often as necessary. I doubt very seriously they are doing it merely "on a whim"; employers have better things to do than rearrange schedules when it isn't necessary.

The law that gives the advantage to the employee is the one that controls, not to the employer.

What are you seeing in the Wisconsin law that is more advantageous to the employee than the federal law? In any case, if you don't meet the criteria for exempt status as defined in the FLSA, that ends the discussion.

Only two states required the employer, by law, to reimburse employees for business related expenses, including travel costs. Wisconsin is neither of them.

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