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Thread: Job Reclassification

  1. #1
    Junior Member
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    Jun 2011
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    Default Job Reclassification

    Hi. I'm new here and this is my first post. I recently received notice that my job has been reclassified from exempt to non-exempt status. My employer has calculated that for the past two years I have worked 320 hours in excess of my 40 hour work week. I will apparently receive X amount as compensation. I am a salaried employee so I had to figure out my hourly rate for the past two years. From my calculation the amount of my compensation is only half rather than time and half. My employer also said that they are not legally obligated to pay me overtime, they simply wish to make it right. There are apparently over 200 employees in the same situation. I was told by a friend who practices labor law about something called fluctuating workweek but I don't really understand what it means. Phrases such as liquidated damages and collective action has been thrown around. If my employer had to go back two years for my compensation, does this mean that the job reclassification should have been done at least a year ago, which means I could've been earning overtime this past year? Thoughts? Is this something I should pursue?

  2. #2
    Super Moderator
    Join Date
    Jun 2006
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    California
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    12,261

    Default

    Lets start with the "Fluctuating Workweek" part of your question.
    http://payroll-taxes.com/articles/sa...ernatives.html
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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