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changing the rules/no employee manual Rhode Island

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  • #16
    anonymity issues
    Last edited by feeling-abused; 05-28-2009, 11:48 AM. Reason: deleted

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    • #17
      what the deal on.....

      anonymity issues
      Last edited by feeling-abused; 05-29-2009, 11:48 AM. Reason: deleted

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      • #18
        Salaried is only a pay method. What matters is if you are exempt or non-exempt. If you are exempt, there are no circumstances whatsoever under which you are legally entitled to overtime, no matter how many hours you work. If you are non-exempt, then paying you on a salaried basis (unless the little used fluctuating work week method is in place) does not change your employer's obligation to pay overtime after 40 hours in a week.

        RI does not require paying mileage, which is why you're not finding anything.
        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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        • #19
          anonymity issues
          Last edited by feeling-abused; 05-29-2009, 11:48 AM. Reason: deleted

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          • #20
            Most likely because their job duties, which is the qualifying standard, did not meet the definition of any of the exempt classifications and they should have been paid OT all along.
            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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            • #21
              anonymity issues
              Last edited by feeling-abused; 05-29-2009, 11:49 AM. Reason: deleted

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              • #22
                As I said above, it is your JOB DUTIES that determine if you are exempt or non-exempt. Patty or DAW will have the links to the appropriate pages. BTW, we are not talking RI law here; we are talking Federal law.
                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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                • #23
                  anonymity issues
                  Last edited by feeling-abused; 05-29-2009, 11:49 AM. Reason: deleted

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                  • #24
                    Exempt is always a function of actual job duties and sometimes a function of the industry. There are something like 100 or so exceptions to overtime, minimum wage, or both. When most people talk about Exempt, they are talking about the so-called White Collar exceptions. But there are many other possible exceptions. Sheepherders and Movie Theater Ushers to name two of the hundred.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

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                    • #25
                      I did give you the link, in my response on the 17th. I don't see where you ever told us what your duties were. If you want an opinion from us, which will along with $2 will get you a large coffee at 7-11, you'll have to give us that information.
                      Last edited by Pattymd; 05-28-2009, 11:30 AM.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #26
                        anonymity issues
                        Last edited by feeling-abused; 05-29-2009, 11:49 AM. Reason: deleted

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                        • #27
                          You can PM me if you like.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                          • #28
                            so we have determined i'm non-exempt.

                            i'm paid a salary, and at what point should o.t. kick in if at all?

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                            • #29
                              When you have worked more than 40 hours in a work week.
                              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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                              • #30
                                anonymity issues
                                Last edited by feeling-abused; 05-29-2009, 11:49 AM. Reason: deleted

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