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  • Exempt vs. Non-exempt North Carolina

    Can an employee in NC who actively supervises more than 2 people every day, and is required to approve paychecks, provide disciplinary actions (i.e. write-ups), provide training and such be an exempt employee or are they required to be non-exempt.

    Thanks

  • #2
    Based upon what you have posted, the person might qualify under the Executive Exemption.

    http://www.dol.gov/esa/regs/complian..._executive.htm

    Note that the first hurdle to cross is paying the person a salary of at least $455 per week.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      further clarification

      If the employee is currently exempt and meets all the requirements and the company wishes to make them non-exempt can they still hold them responsible for the same job requirements? In other words, if they change us to non-exempt are we still legally allowed to perform disciplinary actions against employees we are required to supervise and can we still be responsible for doing their job performance evaluations?

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      • #4
        That's entirely up to the employer. Non-exempt is the default; Microsoft could make Bill Gates non-exempt if they wanted to. It is perfectly legal for an employee who qualifies for, and performs the duties of, exempt status to be classified non-exempt.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Originally posted by cakman View Post
          If the employee is currently exempt and meets all the requirements and the company wishes to make them non-exempt can they still hold them responsible for the same job requirements? In other words, if they change us to non-exempt are we still legally allowed to perform disciplinary actions against employees we are required to supervise and can we still be responsible for doing their job performance evaluations?
          Absolutely, but the non-exempt employee gets overtime, if worked and, unlike an exempt employee, the non-exempt can be docked pay for hours/days not worked.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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