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"manager" title means no overtime?

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  • "manager" title means no overtime?

    I am currently an installation foreman in Texas for the entertainment industry. I have been told by my employer that since they have hired another installation foreman (inexperienced) and they now have three foremans I will be "promoted" to installation manager since I have the most experience.

    I have questioned the exempt status I'm being told comes with the title. I will still be in the field daily installing and front-line supervising. I will be making decisions as to which sites get attention on a daily basis. I will be in the field training on a daily basis. While I am able to introduce new employees, as is anyone else in the company, the hiring and firing is done by the real management team; the latter of which has never happened. My job takes me over state lines - if that matters.

    To top it off I will actually make less each year without the overtime and the laughable $.62 "raise" that's being offered.

    Any help or suggestions are surely appreciated.

  • #2
    Originally posted by ProRigger2003
    I am currently an installation foreman in Texas for the entertainment industry. I have been told by my employer that since they have hired another installation foreman (inexperienced) and they now have three foremans I will be "promoted" to installation manager since I have the most experience.

    I have questioned the exempt status I'm being told comes with the title. I will still be in the field daily installing and front-line supervising. I will be making decisions as to which sites get attention on a daily basis. I will be in the field training on a daily basis. While I am able to introduce new employees, as is anyone else in the company, the hiring and firing is done by the real management team; the latter of which has never happened. My job takes me over state lines - if that matters.

    To top it off I will actually make less each year without the overtime and the laughable $.62 "raise" that's being offered.

    Any help or suggestions are surely appreciated.
    Since you are management and a salaried employee, you are considered EXEMPT and there is not much you can do.
    The Federal Labor Standards Acts makes no legal provisions to pay salaried employees for breaks, sick time, overtime, etc.

    Your best route, if you feel comfortable doing so and don't fear any "repercussions" would be to discuss it with the manager who promoted you and come to agreeable terms.
    Sue
    FORUM MODERATOR

    www.laborlawtalk.com

    Comment


    • #3
      Exemption Status

      While you will want to be careful and not alienate your employer, I would question the exemption status of your new position. If you are providing lead direction, rather than acting as a full supervisor, you may not be an exempt employee.

      The federal Fair Labor Standards Act defines management as a (among other factors): "(a) Whose primary duty consists of the management of the enterprise in which he is employed or of a customarily recognized department of subdivision thereof; and
      (b) Who customarily and regularly directs the work of two or more
      other employees therein; and
      (c) Who has the authority to hire or fire other employees or whose
      suggestions and recommendations as to the hiring or firing and as to the
      advancement and promotion or any other change of status of other
      employees will be given particular weight; and
      (d) Who customarily and regularly exercises discretionary powers;
      and
      (e) Who does not devote more than 20 percent, or, in the case of an
      employee of a retail or service establishment who does not devote as
      much as 40 percent, of his hours of work in the workweek to activities
      which are not directly and closely related to the performance of the
      work described in paragraphs (a) through (d) of this section: Provided,
      That this paragraph shall not apply in the case of an employee who is in
      sole charge of an independent establishment or a physically separated
      branch establishment, or who owns at least a 20-percent interest in the
      enterprise in which he is employed".

      A lead employee, without the ability to hire and fire or one who does not have a strong cabability to recommend such actions may not be a manager, from the standpoint of the Act, and therefore, may not be exempt from overtime.

      Good luck in your efforts.
      Lillian Connell

      Forum Moderator
      www.laborlawtalk.com

      Comment

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