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am I exempt ? Virginia

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  • am I exempt ? Virginia

    I have been classified an exempt employee for a Newspaper as a Regional Manager for more than a year. I feel that this may actually be an incorrect classification. While I do hold the title of "manager", I manage no other employees, only contractors. Additionally, I can make NO significant decisions about my job or those I work with. Each variance from established procedure must be "blessed". I am required to arrive at a certain time, can leave no earlier than a certain time, even if I have contributed significant hours earlier in the week. Every aspect of my job must be ok'd by managment. I have always been willing to and have performed my job for all of the hours required, working the hours set, and many more -- knowing that this was a requirement of exempt positions, I was recently chastised for receving a 5 minute personal phone call on my own phone. I just wonder if this job comes up to the level of "exempt". If not, what do you recommend, as I already feel as if my environment is hostile.

  • #2
    There's a common misconception that you have to manage others in order to be an exempt employee. That only applies to one category of exempt employees (executive), not to all of them. Other misconceptions are that exempt employees can set their own hours.

    You might want to read the following, particularly the administrative exemption:

    http://www.flsa.com/coverage.html

    A hostile work environment is, under the law, one in which the employee is singled out for adverse treatment on the basis of a protected characteristic. Nothing in your post indicates that this meets the legal standard for a hostile work environment. The employer is free to establish procedures and insist all employees follow them. The employer is free to prohibit personal phone calls.
    I am not able to respond to private messages. Thanks!

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    • #3
      follow up

      when I read the following: The Regulatory definition provides that exempt administrative job duties are

      (a) office or nonmanual work, which is
      (b) directly related to management or general business operations of the employer or the employer's customers, and
      (c) a primary component of which involves the exercise of independent judgment and discretion about
      (d) matters of significance.

      ......Administratively exempt work typically involves the exercise of discretion and judgment, with the authority to make independent decisions on matters which affect the business as a whole or a significant part of it.


      I understand I must fall under all of the above. I am not allowed to make independent decisions on matters which affect the buiness as a whole or a significant part of it. In fact, I am generally required to have each decision ratified, prior to my implementation.

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      • #4
        one more question

        If the employer allows personal phone calls, can they ask what call was about and then prohibit a certain call, but not another?

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        • #5
          The Administrative exemption is the hardest to justify. You can call the state or federal DOL and speak with an investigator about your particular situation.

          As to your phone call question, yes they can, because there is no law that prohibits them from 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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