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Salary Exempt Employee Pennsylvania

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  • Salary Exempt Employee Pennsylvania

    I am an Assistant Office Manager. Just because I have manager in my title, does that qualify me as an exempt employee? Sometimes I have worked 80+ hours a week and take home the same pay. That has put me working for less than minimum wage if it's was broken down per hours worked. I do not get any kind of bonus. What are the qualifications of an exempt employee? Please help. Thank you!

  • #2
    Job titles are legally meaningless. Your starting point is to look at the White Collar exceptions. The Administrative and Executive exceptions are the most likely for your employer to have claimed.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      If it is determined that you are an exempt employee, you get paid a fixed weekly salary no matter how many hours you work. Bonuses are not required unless you have an employment contract or CBA guaranteeing such.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


      • #4
        Thank you for all the help so far. It looks like I qualify as an exempt employee, however when I started a little over a year ago my wages did not meet the $455 per week salary requirement. According to Fact Sheet 17C I should be paid at least $455 per week. I was paid less than that for 53 weeks with the company. Did I read this Fact Sheet incorrectly? Do I have a right to ask my employer for reimbursement?


        • #5
          Yes, you do. Either that, or they need to pay you overtime for that period. You could also file a claim with the state Dept. of Labor.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


          • #6
            Thank you very much for all your help. I have never been in a situation like this before. I am going to be putting in my notice on Monday. I have not found another job yet, but I will be relocating at the beginning of next month. I don't want them to give me a bad reference, because alot of my learning experiences are with them. Can I wait until I've found something? Can I go directly to the Department of Labor or should I ask my employer first?


            • #7
              As I was reading more into Fact Sheet #17G, I realized that it had been revised in July 2008. Do you know if this revision had anything to do with the amount of $455 per week? I don't want to take action, if it may have been lower than that prior to July.


              • #8
                The $455/week number came from an August 2004 revision, part of the so-called "Fair Pay" changes. Prior to that the requirement was $155/week for some purposes and $250/week for other purposes, depending on which test was used. The "Fair Pay" changes somewhat simplified the rules.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)


                • #9
                  I am putting in my notice today and don't have a definate answer about a future position. How long can I wait before I ask about reimbursement? I'm worried of what kind of reference I might get if I don't wait.


                  • #10
                    This is from the PA DOL&I site FAQ section;

                    How much Time Do I Have to File A Claim after Termination?

                    If you were not paid at least the minimum wage or you were not paid correctly for your overtime hours, you should try to file a wage claim within two years from the date the work was actually performed. However, you should file a claim as soon as you can. Since your employer is only required to keep its records for three years, it is more difficult for the Department of Labor & Industry to collect your wages as time passes.
                    Link to the site;

                    "Pluralitas non est ponenda sine neccesitate'' - Sir William of Ockham, a.k.a. Ockham's Razor


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