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Executive Exempt Salary Switching Ohio

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  • Executive Exempt Salary Switching Ohio

    Thank you!
    Last edited by QQQ; 09-13-2014, 08:21 AM. Reason: Question Answered

  • #2
    In this situation I would say yes, it is legal.

    It is always legal to pay an employee as non-exempt; the reverse is not true. However in this case, the job legitimately qualified as a salaried exempt position. For reasons of business needs, they changed it to non-exempt and you were paid appropriately as such. However, now the business need no longer exists and they want to return the position to the exempt status that it held in the past.

    I don't see anything wrong with that. It's not that they're trying to squeeze the position into an exempt status where it doesn't fit just to avoid overtime. The job legitimately falls into an exempt status, but they temporarily paid overtime because of a logistical issue - i.e. the difficulty of running two payrolls. If they had not encountered that problem, the job would always have been exempt and you would never have been paid overtime.

    Not seeing a problem.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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