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View Full Version : Why am I getting paid over 40 when I am an exempt employee? Pennsylvania


impius
04-30-2009, 06:38 PM
I am an exempt employee working in PA. My title is one of Manager, yet I do not manage any resources where I work.

I understand that in all probability I probably belong in Administrative Exempt classification.

I am required to fill out a time sheet every week. If I work 45 hours I will get paid for 45, with no over time. So let this be clear I would get paid 45hours times whatever my rate is, just no overtime. In the same note If I work 38 I will get paid for 38. I constantly under state my hours on my time sheet so I do not go past 45 hours. I normally work 50 -55 hours a week.

My offer letter states that I am a salary employee who is also exempt. My biggest complaint is that I get treated just like an hourly employee, I have no control over my schedule and I am constantly supervised.

My offer letter states: Your salary will be 25.00 per hour ($52,000 on an anualize basis) for this full time exempt position

So do I have a valid complaint or am I missing something.

Pattymd
05-01-2009, 12:25 AM
If, in fact, you are properly classified as an exempt employee, your employer is confused at best.

Although it is not illegal to pay an exempt employee extra for working over 40 hours in a workweek, it can jeopardize the exemption. What has really invalidated the exemption here by not paying you your full salary when you work less than 40 hours in a workweek. You need to read this carefully, then address the issue with HR.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm

There are a few exempt classifications which can be paid on a hourly basis and still maintain the exempt status, however. Doctor, lawyer, etc. Computer Professional also, but your equivalent hourly rate is not high enough for exempt status there, even if that was your job. What ARE your duties, exactly?

How long has this been going on?

BTW My biggest complaint is that I get treated just like an hourly employee, I have no control over my schedule and I am constantly supervised.


Having control over your schedule is not a requirement, or even an indication, of an exempt status; exempt employees are subject to the time worked requirements of the employer just the same as nonexempt; no more and no less. Regarding being "constantly supervised", I've been micro-managed as an exempt employee and, although I understand your frustration, it's not illegal.

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