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exempt misclassified Georgia

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  • exempt misclassified Georgia

    I would like to know if I have been misclassified as salaried exempt. I make over $455 per week and I do manage 2 or more employees. I work at an inventory company and my typical work day consist of the following:

    * Driving a van with equipment and passengers. 2 to 4 hours
    * Preparing equipment for work (hand held computer) .5 to 1 hour
    * dividing the store in to smaller sections (sticking paper control tags to shelving) .5 to 2 hours
    * If less than 20 employees (which is the norm) I'm expected to help them count the product. 4 to 10 hours
    * if more than 20 employees I usually spend most of my time on a computer running reports, auditing employees, and directing employees to the next part of the store to count. 4 to 10 hours

    I have no part in making the schedule or which accounts are to be done. We also have non salaried exempt employees with that perform the same job. Before I was exempt I performed the same duties.

    Thank you for your time.

  • #2
    This is maybe complicated. I am going to include a pointer to the Executive exception. I do not consider you Exempt, but I am not the government and the track record of government decisions in this area, especially involving Retail establishments is mixed. If you want to spend enough time looking, you can find court decisions and opinion letters on both sides of every element of your argument. While the federal government has actually been pretty good at cracking down on certain Exempt classification issues, the Executive exception, particular in Retail remains quite problematic.

    Your second problem is that GA is not a very labor friendy state. While the state is supposed to have a DOL (sort of), it is often discribed as a P.O. Box at which the mail is never picked up. Recourse to labor law violations in GA generally means either federal DOL or some type of court action. You could try this. It might work. It might not.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      Thank you DAW for your reply. I'm not in retail, though most of are clients are retail stores.

      After reading the fact sheet I don't think I meet the department of subdivision requirement. The employees I work with vary widely and I rarely have the same group twice though I will have some quite often.
      Last edited by kidwidget; 01-23-2009, 03:14 AM. Reason: Adding content


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