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Old 10-07-2005, 10:56 AM
Head Hunter Head Hunter is offline
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Location: Colorado
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Question Salried "Exempt"

I am a recruiter in Colorado. You would think I would know this but I just relocated here from California where EVERYTHING is unique. I am in a salaried position as a recruiter and after one month of reporting hours an email came through saying that all Salaried "Exempt" employees are now to report our payroll with the simple phrase "No exceptions" if we used no time off. I understand this was done to avoid the loss of classification. But although I am Salaried, am I really "exempt". My weekly pay breaks down to less than 27.43/hour based on 40 hours. I am not an Executive, manager or a Computer professional, however my position does require me to use sound judgment and decisions. I am required to work OT for a project that I am currently on (have worked the last 27 days straight 10 hours plus a day). I left work for a doctors appointment an hour early on one day but continued to work at home after the appointment. My Boss asked why I did not put in an exception for leaving early that day. He made the change and they docked by pdo account for a half day, saying they did it in 4 or 8 hour increments (heck if I knew that I would have left after half day and not returned)
Questions:
Is there such a thing as a Salaried non exempt employee?
Is there a law saying that deductions for pdo are maid in 4 or 8 hour increments?
My former employer in CA was cautious about REQUIRING OT (paid similar way) as a group of recruiters took them to task on this previously and won a large settlement. Is Colorado law different in that way?

Would appreciate any assistance on these questions. Thank you in advance for your response.

Tim
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Old 10-07-2005, 11:18 AM
Pattymd Pattymd is offline
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Is there such a thing as a Salaried non exempt employee? Yes.

Is there a law saying that deductions for pdo are maid in 4 or 8 hour increments? Not in Colorado or in most states

My former employer in CA was cautious about REQUIRING OT (paid similar way) as a group of recruiters took them to task on this previously and won a large settlement. Is Colorado law different in that way? Not likely. But who decided this in California? A federal court or a state court? Or the CA Dept. of Labor? IMHO, recruiters could definitely qualify as exempt employees if the job duties were structured properly.
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