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  • Georgia salary questions

    I've been completely ignorant of salary laws in the past, and I'm having trouble finding simplistic explanations that I can understand online, but really I'm just curious as to what benefits/protections I may receive as a salaried employee.

    From my understanding, I believe I am exempt from overtime as a supervisor, but I do not know if I'm comprehending all of the rules properly. My job is also mostly blue collar work, and though I know salary workers don't get paid based on their hours, it still seems to me like there should be some protection for an employee doing manual labor 6 or 7 days a week for 10 - 12 hours a day.

    Sorry for my ignorance if this is one of those things that everyone should already know, but at least I am trying to learn!

  • #2
    Salaried is only a pay method and legally means nothing in and of itself. Not all salaried jobs are exempt; not all exempt jobs are salaried.

    What supervisory duties do you perform?
    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
      I work in pool maintenance/construction, so on a typical day my duties involve driving around with a group of three other guys as their supervisor, cleaning or doing construction on anything pool related.

      I don't get to make any major decisions like pay, hire/fire, or discipline, but I do give the directions to my crew while on the job site.

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      • #4
        Take a look at the following. I can say that the so-called Executive exception is arguably the one most abused.

        http://www.dol.gov/whd/overtime/fs17b_executive.pdf
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          I was under the impression that only one of those statuses need be fulfilled for me to be exempt. Does this mean that I don't count as a supervisor as far as exemption goes because I do not have hire/fire authority?

          Also, while I do direct what happens at a job, I do not get to determine which jobs we do or in what order, that information is still handed down by my boss. From what I read, it sounds like I don't even qualify as even management for exemption status.

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          • #6
            You only have to have hire/fire authority if you are being counted exempt under the Executive exemption. If you are being considered exempt under the Administrative exemption, for example, there is no requirement that you be able to hire, fire or even supervise.
            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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            • #7
              I do no type of administrative work, and after reading through more of the document DAW linked to, it looks as if it explicitly states that no blue collar job is available for exemption status, and as long as I am primarily a manual laborer, I have to be paid overtime for my extra hours.

              If anyone can confirm this then that is pretty much what I've been trying to find out before discussing this with my employer.

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              • #8
                Originally posted by Anzacs View Post
                I was under the impression that only one of those statuses need be fulfilled for me to be exempt. Does this mean that I don't count as a supervisor as far as exemption goes because I do not have hire/fire authority?

                Also, while I do direct what happens at a job, I do not get to determine which jobs we do or in what order, that information is still handed down by my boss. From what I read, it sounds like I don't even qualify as even management for exemption status.
                To qualify for the executive employee exemption, all of the following tests must be met:

                • The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less than $455 per week;
                • The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;
                • The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and
                • The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.

                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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