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Thread: FLSA Exempt Status North Carolina

  1. #1
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    Default FLSA Exempt Status North Carolina

    The owners of my company have recently changed all the office employees to FLSA Exempt status and promoted us on Executives of the company. My duties have not changed only my status.

    Previously any work that required overtime I was forced into taking it as comp-time as were other employees. When we used our comp-time they treated it as an absence, but paid us for it. I missed (at direction of HR) 29 working days. I was always forced to use the comp time when I had more than 24 hours saved up. I would "call in sick" to get the comp time back down. They were trying to hide the time from the president, who always was making me stay late. I still had over 2100 hours on the job last year even after missing the 29 days. This was not working hence the change in my status.

    We are a small company with only 10 employees. About half of my time is creating drawings, making sure the vehicles are serviced, etc. The other half is spend managing construction jobs and estimating. I am sure that I do not qualify for the Exempt status.

    My boss has directly told us we do not have the power to hire or fire, but refuses to put it in writing. Also, we are salaried unless we miss a day. Then that day is deducted as if we were hourly, but they won't put that in writing. On top of that, they are requiring me to work 9.5 hours a day, five days a week, and no over time pay for anything over forty. We were verbally told we were getting five vacation days, six sick days, and seven holiday. Again nothing was put into writing. What they did give us is a list of responsibilities with the job title and exempt status at the top.

    I am afraid of retaliation from the owners, but I am also sure I am not the only one upset by this situation. I was promoted for the sake of promotion, was given salary because they don't want to give me over time and are afraid of the comp time issue. I need my job but this really concerns me.

    They mentioned in my "review" that I was missing to many days. When I told them why, the HR person quickly moved the subject along. They know they weren't suppose to give me the comp time but kept forcing it upon me.

    Now, the questions are these.

    1. Do I even qualify as exempt.
    2. If I do, can they doc my pay for hours/days missed, but not pay me over time?
    3. There is no guarantee that I will be managing two employees let alone one. Does this need to be done on a daily basis? It might be a week or more before I actually manage an employee.
    4. If I ask for all of the things they have discussed with us in writing, do they need to provide it? They have not updated our handbook or anything.

    The only thing I have signed is a sheet with my responsibility, but it doe not address the changes they are making. Only states that I am exempt.

  2. #2
    Super Moderator
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    1. Do I even qualify as exempt.
    Probably not.

    2. If I do, can they doc my pay for hours/days missed, but not pay me over time?
    If you were really Exempt Salaried then you would be subject to the 29 CFR 541.602 Salaried Basis regulations which allow docking on certain circumstances, including entire days voluntarily not worked.

    3. There is no guarantee that I will be managing two employees let alone one. Does this need to be done on a daily basis? It might be a week or more before I actually manage an employee.
    Your question assume (incorrectly) that the only way one can be Exempt is to supervise employees. There are something like 100 or so Exempt classifications defined in FLSA. I can give you a pointer to some of the more common ones.
    http://www.dol.gov/whd/regs/compliance/fairpay/main.htm

    4. If I ask for all of the things they have discussed with us in writing, do they need to provide it? They have not updated our handbook or anything.
    No, the employer is not required to provide any of those things in writing.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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