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  • Exempt employee Virginia

    I need some VA experts on this one. I have an employee who is not an exempt salary employee because he does not fall under the required requirements, therefore, continues to be paid per hour. Can you be considered an exept non salary employee in this case? if so, where can i find the statue for this term.

  • #2
    Yes, you can, but what are you trying to accomplish by doing so?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      jvv

      Hi Pattymd

      Thanks for the reply....this employee is trying to get certification through the HRIC and one of their requiremts is to have been an exempt level employee for at least two years. I guess i am trying to find out if this employee is elibigle any other way around, since he is not labeled as "exempt" on our books. what are your thoughts?

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      • #4
        Calling him "salaried" isn't going to do it, then, if he doesn't meet any of the criteria. The only exempt classifications that don't require a guaranteed salary are Outside Sales and some professional positions under specific circumstances. "Salaried" is merely a pay method.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          If he's not an exempt level employee, he's not eligible for HRIC certification. I don't think they waive that requirement, although he's certainly free to ask.

          BTW, they used to require 8 years exempt level experience, at least for the SPHR.
          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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          • #6
            Originally posted by cbg View Post
            BTW, they used to require 8 years exempt level experience, at least for the SPHR.
            Wow, CPP is only 5 years.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              jvv

              i know ,SHRM only requirements are 2 yrs as exempt for now, their requirements are changing for 2011, they are requiring 4yrs as an exempt level for the PHR certification. Where can i find the qualifications for an exempt employee?

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              • #8
                Here you go.
                http://www.dol.gov/esa/whd/regs/comp...a_overview.pdf
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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