Exempt vs. non-exempt/Minnesota Laws

[deevoid162]

Recently my employer changed most of my department from exempt/salaried to non-exempt/hourly, with the exception of me. The non-exempt employees do the same thing I do with one small exception, in that I occasionally go out to visit clients (approximately 5-6 hours per week.) They are required to be in the office 40 hours per week, and are now paid overtime for any additional required hours, or are given comp time off to limit the weekly hours to 40. I am also schedule at 40 hours per week, have the same performance requirements, and am required to be here 'for coverage' during that time frame, even if a client meeting happens outside of those scheduled hours...needless to say, I usually end up working 45-46 hours per week on average, and am not getting paid anything for the additional hours, nor am I being given any comp time off. Being that the job is identical to that of the non-exempt employees for the scheduled 40 hours I am in the office for coverage, is it legal for them to classify me as exempt based on the additional hours I am visiting clients outside the office? If they are calling me exempt, do I have the right to work only 40 hours since the performance expectations are the same? It seems as if they are getting the best of both worlds from me...coverage, and not having to pay me for my time.

[Pattymd]

What exactly are your job duties? If they qualify you as an exempt employee, your employer may treat you as one, even though they may choose not to treat other employees with the same duties as nonexempt. That is not illegal.

Even if you are truly exempt, that does not give you the right to set your own hours. The employer maintains that right for exempt employees as well as for nonexempt employees.

[deevoid162]

I am an admissions representative for a proprietary college, which actually presents another issue...in order for the college to be accredited, admissions representatives can't be classified as salespeople...so on the accreditation side of things, I'm not a salesperson, yet on the exempt/non-exempt issue, they are classifying me as a salesperson....very confusing. I am thinking they are either breaking the law in calling me a salesperson, or they are violating the accreditation rules in not calling me a salesperson...My job is to enroll students in the college, call to set up interview appointments with them, and visit high schools to promote the college at high school career/counseling centers (the out of the office thing, and the only difference between my job and that of the non-exempt employees.) It seems I should be classified the same way for both issues, not one way for accreditation and another for exempt/non-exempt status at the convenience of the college...