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  • Overtime For Salary. Non Management

    Question, I worked for a comapny who did engineering for a major retail company. I worked for them for almost five years traveling the US going to these stores to gather info for the company. I worked sometimes 70-90 hours a week. my pay was salary but my check stub always said 40 hours. I was not in charge of my work schedule, however I did deal with flight delays, weather issues, ETC. My hours were logged and this was used to bill the retail stores (I had to log my own work hours, travel hours). Would I be considered non-exempt because I was not in any sort of management position. Even my evaluations when it listed my performance as a manager stated N/A by my manager. Thanks!

  • #2
    There are something around 100 types of exempt categories. What most people think of as exempt are the four so-called white collar exemptions. Of those, only the executive exemption requires that you have direct reports. So the fact that you were not listed as manager does not automatically make you non-exempt.

    Most if not all payroll systems automatically default to 40 hours unless a specific other number is entered.

    It is your job duties that determine your exempt status. You will have to give us as detailed a description as possible before anyone can form an opinion.
    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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    • #3
      Originally posted by cbg View Post
      There are something around 100 types of exempt categories. What most people think of as exempt are the four so-called white collar exemptions. Of those, only the executive exemption requires that you have direct reports. So the fact that you were not listed as manager does not automatically make you non-exempt.

      Most if not all payroll systems automatically default to 40 hours unless a specific other number is entered.

      It is your job duties that determine your exempt status. You will have to give us as detailed a description as possible before anyone can form an opinion.
      My job duties were that I would go into 3-5 of these retail stores, gather data, inventory cold cases, systems that supply freon to the cases, draw in additions to the cases if any, flew home and did an expense report, as well as a travel log that logged my expenses incurred, hours spent in the stores, and travel time. This was used to bill the retail stores. My work came FedEx and was sent out the same before the next trip. Flight time was charged as well as drive time. Let me know if this helps.

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      • #4
        Ps

        My boss made the travel arrangements, schedule times to be in the stores. On drives she he even had written down on a map the time I was to leave in the AM. I made hotel reservations because I would sometimes not know what day I would be in a certain city. When I resigned I was asked to work two more weeks. I agreed even though my health was getting bad, but had to cancel a flight to see a doctor who told me I had the flu, and my boss sent me an email that said "it seems you are going to have trouble fulfilling your next two weeks commitment so I am relieving you of your duties as of today". Hope this helps.

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        • #5
          Your best bet is to file a wage claim with your state's DOL for any unpaid hours. You should assume that you are Non-Exempt. The legal burden of proof you are not is on your employer, not you. It costs you nothing to file a wage claim. You just need to show up.

          Now it is not certain that you will win. It is not certain that you will not be hit by a meteor sometime tomorrow. I can say that I do not much like your employer's side of the case. There are no obvious industry specific exceptions based on what you have said. The Outside Sales exception sounds like a long shot based on what you have said. Your employer could try making an Administrative exception argument. That particular exception is poorly enough worded that the court could be unsure. The problem is that there is a bunch of court and administrative history, and everything you just said is on the wrong side of that exceptions historical rules. Still, your employer could get lucky and draw a judge who thinks you look just like their ex. Or maybe your state (which I am not legally familar with) has a long history of decisions very different from the feds.

          Make a best guess on hours worked (not high, not low). It is ok to guess, but make it clear that you are guessing. LISTEN to what the judge has to say. Do not keep repeating yourself. Assume that the judge heard you the first time. Stay focused. Make a minimum number of arguments and do not beat them into the ground. Often the party that brasses off the judge the least wins.
          Last edited by DAW; 06-19-2009, 05:00 PM.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Thanks

            Good info! Thanks so much and I will file that claim. I think I have the reports, at least some of them, that shows my weekly hours. That will be enough to get at least a good guess.

            Thanks Again!

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