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Status on the books VS what i've been told.

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  • Status on the books VS what i've been told.

    Hello Forum,

    I am a computer / software programmer in FL. After reading the exemption clause related to computer work, I believe that I am qualified to be salary exempt. I was told I was switched to exempt status 2-3 years ago.

    My question / problem is that 6 to 8 months ago our company was bought out by a large corporate machine. Since the purchase, 1/2 our software team (including all the managers) were fired. The work load was simply deferred to the remaining employees, and my 8 hour a day job became a 12-14 hour a day job. I never had a problem putting in minor overtime each day, but recently there have been times where they requested I put in crazy long days (sometimes 22 hour shifts, and expected me to return the next morning at 8:30 AM for yet another shift). This was during a hardware crash, but the said 'crisis' and crazy overtime lasted 4 weeks.

    Anyways, I confronted the new management about their overtime requests. They said it was expected, and they are not compensating me any more money or benefits because I am a salary exempt employee ...

    I called their corporate HR department, only to find out that I am in the books as being NON-EXEMPT.

    I spoke with my manager again presenting the new information, and he said he knew, but it was a clerical mistake in the books. I am more than untrusting of my new managers, and decided to investigate more, only to find out that the said 'clerical error' in the books has been known about for 4+ months.

    Like I said, I *think* I really do qualify for exempt status. But I am curious as to my rights, since my employee record has me as non-exempt? A lot of other co-workers have the wrong status too, some that are exempt that legally shouldn’t be, and others that are non-exempt now but were never informed that they were switched (i.e. never told they should collect overtime now). My case is a little different since I was told 'exempt' years ago, I'm in the books as 'Non-exempt' now, and in recent weeks my managers say I'm 'exempt', and later clarified that, I am 'in the books as non-exempt, but you are really supposed to be exempt ...'

    Does the corporation benefit at all by filing me as non-exempt on the books, but treating me as exempt? I guess I question why they would know about this error, and leave my employee record with the wrong data for so long?

    Do my rights stem from what's in my employee record, or what my manager says?

    Signed,
    Very confused, and tired of the lies.

    P.S. Thank you for helping people like us, who feel they are being taken advantage of.

  • #2
    Non-Exempt

    Regardless of what your employer's records show, the law requires that an employee be paid appropriately. If you are exempt, your employer is not required to pay you overtime. I wish I could give you better news.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment

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