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Part time salary exempt? Indiana

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  • Part time salary exempt? Indiana

    I have worked for a Non-Profit foundation in the Indiana office for 2 years as a part time (at 28 hours) salary exempt employee. The foundation has at least 60 others in my same position. I do not supervise any staff or do I have a college degree. During my time at this company working extra hours has been expected but you must always work your minimum hours. I do have a small amount of sick days and 2 personal days a year. I also receive vacation days. I recently attended a mandatory 3 day training and in lieu of my hours that week I used those days. In recent discussion the foundation said we could not longer do that but instead would be required to work 6 days that week. They also said they could give us comp time if they wanted to but that would be on a case by case basis. Is this legal? Has anyone ever heard of a part-time exempt position? Thanks~

  • #2
    Originally posted by indymom1 View Post
    Has anyone ever heard of a part-time exempt position? Thanks~
    Sure. The problem is that there is no separate set of rules for "part-time exempt" employees. A "part-time" employee can be Exempt, but they would be subject to exactly the same rules as a "full time" employee.

    Easy stuff first. Verify your Exempt status. If that fails, then the Exempt rules are sort of a "who cares". There are something like 100 different Exempt classifications but most of these are very industry specific. And Non-Profits per se are under the same rules that everyone else is for. When most people talk about Exempt, they are talking about the so-called White Collar exceptions. Based on what you have said, the Executive and Professional are off the table. The obvious one left is the Administrative exception.
    White Collar exceptions.

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    The next obvious question (assuming that the Exempt Status fails), is whether or not the federal FLSA even applies at all. There is no Non-Profit exception per se, although an argument could be made that it would be easier for a small non-profit to not pass the Interstate Commerce test then it would be a small for-profit. Still, most employees even at small companies are subject to the FLSA law.
    FLSA applicable?

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    Past that, if the employee is Exempt Salaried, then they must be paid at least $455/week and are subject to certain docking restrictions (29 CFR 541.602.

    If the employee is not Exempt, and is subject to FLSA, then they are probably subject to the minimum wage and overtime laws.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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