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  • Exempt Employee

    Hello, I am an exempt employee working for a bank in an operations dept in Florida. As an exempt employee, under Florida Law (or Federal Law), am I required to work more than 40 hours per week if my employer expects me to??

    Also, if my employer has openly admitted that my job description will require work in excess of 40 hrs per week on almost a regular basis, is this a violation of my rights?
    If I choose to leave the office after 40-45 hours per week (8-9 hrs per day), can my employer take any action against me?

    ...I am getting very frustrated with the job. I have been exempt for the last 4 years and have worked over 50 hrs per week regularly. I have received only a 2-3% raise each year and no bonuses. I am also on the low end of my salary band. I have always been rated as a satisfactory employee.

    I just wanted to know my rights (if any) as an exempt employee. Any advise would be appreciated. ..thanks.
    Last edited by mc0728; 11-15-2005, 06:30 PM.

  • #2
    Yes, no and yes. In any state. Working 50 hours a week as an exempt employee is not unusual; I do it all the time.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Patty is correct. I don't know where so many people get the idea that an exempt employee doesn't have to work more than 40 hours a week; it's quite common and quite legal for an exempt employee to work 50, 60, 70 or even more hours regularly.

      am I required to work more than 40 hours per week if my employer expects me to??
      Yes. This is true regardless of what state you are in and regardless of whether you are exempt or non-exempt.

      Also, if my employer has openly admitted that my job description will require work in excess of 40 hrs per week on almost a regular basis, is this a violation of my rights? Not even remotely.

      If I choose to leave the office after 40-45 hours per week (8-9 hrs per day), can my employer take any action against me? Yes. You can be fired.
      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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      • #4
        I work for a company in Florida where I am considered an Exempt Employee and paid 18K ($692.31 Bi Weekly) Salary plus a Commission on sales. I am required to work a minimum of 45 Hours each week. If I have to be paid a guaranteed salary of $455/week to be legally classified as, is my employer breaking any State or Federal Laws by only paying me $346.155 each week? What are my Rights as an Employee?

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        • #5
          If you are not being paid a guaranteed minimum of $455 per week, then by definition you are not exempt. You can file a claim with the DOL for any unpaid overtime.

          Next time, please start your own thread, okay?
          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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          • #6
            However, FlaBat, are you inside sales or outside sales? If you meet the outside sales exemption criteria, there IS no minimum salary requirement.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Good catch, Patty. I missed the "sales commission" aspect.

              If the OP is inside sales, is earning one and a half times minimum wage (which is almost true with base pay alone) and has half of the earnings coming from commissions, then he/she may be exempt from overtime.
              Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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              • #8
                First, I’m sorry about not starting a new Thread. I saw this one under Exempt and thought it fit in here.

                Second, No I’m very much Inside Sales and the 18K Salary is just that, not Commission which is additional. My concern is does the $455/Week Rule apply to JUST the Salary or BOTH Salary and Commission combined?

                Third, If we pursued this further is there a Statute Of Limitations and would we be able to get paid retro actively?

                I’m not sure where this is going or what actions we might take, but it certainly explains why most other companies in this particular industry pay a minimum of 24K Salary in order to cover the $455/Week Rule.

                Thank you all for your answers.

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                • #9
                  Are you making at least $455 a week in salary and commissions?
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                  • #10
                    Yes I am. Is the $455/Week Rule just for Salary or does it cover total weekly compensation including Commissions?

                    Every other company in this industry I've worked for here pays at least 24K yearly salary, I assume that is to cover the $455/Week Rule.

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                    • #11
                      The $455 to be exempt is salary, not salary plus commissions, but, as I pointed out, you can be exempt from overtime if you are an inside sales rep meeting certain pay requirements.
                      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                      Comment

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