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Minnesota/More exempt v. non-exempt questions...

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  • Minnesota/More exempt v. non-exempt questions...

    According to all of the online info I've found on this subject, it doesn't appear that I should be classified as an exempt employee. All of the people in my department/campus (except me) were recently switched from exempt to non-exempt. I have identical duties to those in my company that are now classified as non-exempt, and I am being treated the same as a non-exempt employees (with a set 40 hour per week office schedule, performance expectations that are the same as the non-exempt employees, don't require any special education or skills that are different from them, don't supervise anyone, don't do anything at my own discretion, etc.), but without the benefit of overtime pay or comp time off, as my coworkers receive. What should my next steps in pursuing this issue be? Should I first approach HR and request pay for the significant amount of overtime I've had since the change of status, or just get a lawyer? Since there are one or two others at each of the ten different campuses this company has in the same boat, should I approach this as a possible class action suit? Each campus has about 10 admissions representatives all doing the same thing, one or two of which are classified as exempt, the rest are non-exempt...

  • #2
    The first thing you do is contact the state Dept. of Labor and get their opinion as to whether or not your job duties qualify you as exempt or not. If so, you do nothing, as it is not illegal to pay an exempt employee as nonexempt (the converse is not legal). If you don't qualify as exempt, then you can file a claim for unpaid overtime with the DOL.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Thanks, I'll do that!


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