I am trying to determine if I should be considered exempt or non-exempt. Currently I am considered exempt, however, I feel I should be considered non-exempt based on what I actually do. I also feel that my company has misclassified most of their employees and are not in compliance with the current Wage & Hour laws. I am trying to not only get paid for my overtime, but also help the other "Under Dogs" in getting paid for their overtime as well.
This is how I have deterimined that I should be a non-exempt employee. Please provide me with your opinions if you feel I am misunderstanding the law. Today I contacted the local Georgia Labor Office to file a complaint and they are sending me the appropriate forms. Should I also contact a lawyer?
My position is an Associate Product Manger. I develop new products for an arts & crafts company. My position is not a high level position and my duties are not at a very high level. I work on a team and am directed as to what to develop. I am not allowed to develop my own ideas. Of the the product development ideas come from upper managment and they provide my direction.
Salary Level Test - This test I pass as I make $41,000/year as a salaried employee and the federal requirement is $455/week or $23,660/year.
Salary Basis Test - This test I also pass as I get paid every two weeks and my paychecks are the same amount each time.
The test I don't think I pass is the Job Duties Test. My job falls under the Administrative Classification.
Job Duties Test - (A) Have the "primary duty" of performing office or non-manual work directly related the the managment or general business operations of the employer or employer's customers. (I'm pretty sure my job would pass qualification A)
(B) customarily and regularly exercise discression and independent judgement with respect to matters of significance to the company or it's customers.
I would have to say that my job does not embody qualification (B). I do not feel that I exercise discression and independent judgement with respect to matters of significance as I am directed in everything I do and must seek permission from upper management on any decision outside of the standard operating procedure. I found the following questions on the internet to help determine what "exercise discression and independent judgement with respect to matters of significance" means.
1. Do you have authority to formulate, affect, interpret, or implement management policies or operating practices? No
2. Do you carry out major assignments in conducting the operations of the business? No
3. Do you perform work that affects business operations to a substantial degree? Possibly, if I don't do my work then no one else will
4.Do you have authority to commit your employer in matters that have significant financial impact? No
5.Do you have authority to waive or deviate from established policies and procedures without prior approval? No
Please let me know if you think I have something here. This company is terrible to it's employees and I am fighting for myself and them.