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Exempt vs. Non-Exempt--Who Decides??

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  • Exempt vs. Non-Exempt--Who Decides??

    i work in retail in CT, and I noticed in my HR manual that when a particular store has a certain sales level status, store managers are classified differently. This has impacted my store manager inasmuch as she went from exempt to non-exempt status when our store went from B volume to D volume.

    Now on the surface, her duties don't appear to have changed, although she went from a salary basis to hourly (no cut in pay). However, there must be an advantage to the corporation to have this policy change -- and does it mean that she literally went from being a person of "authority" to one of just a "clerical" nature. I mean is this part of what it means to be non-exempt instead of exempt??

    So I guess what I'm asking is in order for the corporation to be in compliance with labor laws, even though it doesn't APPEAR that her duties have changed, that the change in status MUST accompany some real change in her job description?

  • #2
    Nothing in the law requires that her duties have changed before switching her from exempt to non-exempt.

    I answered more fully in the other place where you posted this question.
    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.


    • #3
      thanks so much..i got your other post.