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I need to change my hourly non exempt employees to salary exempt - do they qualify?

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  • I need to change my hourly non exempt employees to salary exempt - do they qualify?

    Sorry if everyone knows this info and i think I "get it" (the basic jist) -

    1) where can i find specifics on who qualifies for what status (I have seen it before and can't find it - and do i go ny NY standard or federal?)
    2) basically i have staff that are case managers and responsible for the financial and social wellbeing of clients - they make independent decisions, they supervise volunteers not staff, make payments, responsile for health care of family, etc...right now one makes $ 14.00 per hour and I want to increase the hire rate form what used to be $ 10 per hour to 11 +..Now they are hourly non exempt, so they have to track their hours closely and get OT approved if and when required which is a pain b/c they work odd hours sometimes.
    3) my understanding of basic requirement is that they have to make more than $ 455 per week (criteria number one for salaried non exempt or exempt) and that they have to have some independence in making decisions etc.

    I DON"T want to use that crazy calculation for (I think) salaried non exempt...can i pay my staff as salaried exempt employees? and where do i go to look at the actual laws that decide this? thanks in advance.

  • #2
    You need to be very careful here. Any employee can be non-exempt (paid minimum wage and overtime). Not all employees can be paid as Exempt (from minimum wage and/or overtime). Basically you need to look at candidate employees one-at-a-time, and come up with a justification one-at-a-time for why you think this particular employee is Exempt. There are something like 100 or so Exempt classifications in the federal FLSA law. So you need to not only wave your hands and say that this person is Exempt, but you also have to be able to tell the judge/ALJ later exactly which specific Exempt classification each employee is subject to and to be able to show that you are correct. Failure to do this basically means that you deliberately and illegally failed to pay overtime and/or minimum wage.

    Your starting point are the so-called White Collar exceptions. This is only 5 of the 100 or so Exempt classifications, but this is the most common group. The rest of the Exempt classifications tend to be industry specific.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      Agreed with DAW.

      Regarding whether to follow Federal or NY standards you would follow the one that is most employee-friendly. If NY does not have guidelines you would follow Federal.

      Just a thought but if your caseworkers are required to have a professional degree or certification that applies to their job duties, you may want to start your search with the Exempt Professional classification and see if that applies.


      • #4
        Case Mgr

        You may want to read this


        "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)


        • #5
          Originally posted by denibeans63 View Post
          they supervise volunteers not staff,
          From what I understand this is probably going to be a major sticking point. A manager isn't a "manager" if they don't manage employees of the company.

          You may be able to classify them as Administrative, but they are not managers.


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