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misslore1982
08-03-2009, 01:50 PM
What kind of positions are considered exempt? I'm a case manager at a shelter, it's a non profit. I receive a salary and I clock in and out, including when i choose to have lunch. my first question is if case management should be a salaried position? are there requirements in order to make a position salary? Also, i'm scheduled to work Sun-Thurs every week, but they have "mandatory employee appreciation meetings" that many times fall on my days off (Fridays), but since they're mandatory, i show up, is that something that should be happening?
What about supervising family? I have a supervisor whose brother in law works with me, and obviously she is his supervisor too. Any issues with that?

DAW
08-03-2009, 03:06 PM
This is complicated. There are something like 100 or so exceptions in the federal FLSA to minimum wage, overtime or both. These exceptions are based on duties, and sometimes on the industry.

Non-profit per se has no effect on your question. There are a small number of legal differences in labor law between non-profit and for-profit companies, but your particular question does not cross into those exceptions.

"Salary" is just a payment method and means very little by itself. People who must be paid overtime are called "non-exempt", and they can be paid on a salaried basis. Or an hourly basis, or piece work, or sun-spot activity. Employees who have no legal right to paid overtime are called Exempt. Some of them must be paid on a Salaried basis, but the salary is tail, not the dog in this situation. The "must" comes from the very specific Exempt classification being used.

Any employee without exception can be told to complete timesheets, hold up their hand to go to the bathroom or attend meetings. Federal DOL defines just what non-exempt and exempt mean, and none of these are it.

Supervising family, aka nepotism, is not something the government generally addresses in law. The only real exceptions are public sector employment (civil service) often addresses this, but the government does not direct such rules at private sector or non-profit employers. Employers can have company policies on such things.

I am going to give you a pointer to the so called White Collar exceptions (http://www.dol.gov/esa/whd/regs/compliance/fairpay/main.htm). You need to look at the rules for Administrative, Executive and Professional.

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