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Salary Exempt vs Non Exempt Question

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  • Salary Exempt vs Non Exempt Question

    I work for a small family owned retail business in Florida and mainly handle website related duties. Everyone at this company is paid an hourly wage. As my responsibilities grew, I began having to work remotely and usually wasn’t compensated for my time. I didn’t really mind that because I wasn’t ever explicitly told I had to work remotely. I just did it because I knew certain tasks had to be completed when I wasn't at work.

    One day, I suggested the possibility of being moved over to a salary wage. They accepted and promoted me to a manager position to make me salary exempt, after I informed them my job title had to be changed in order to comply with being salary exempt. I never formally signed anything, but my paystubs did say salary on them.

    About a month later, the owner said he needed to save money and rescinded my salary arrangement and returned me to hourly. I never received any sort of demotion and still handle the same day-to-day duties that I did when I was salary exempt. I also still maintain the same Manager title. Is this legal for them to do?

  • #2
    Not only is it legal, the initial change *may* have been illegal.

    Any and all employees can be paid on an hourly, non-exempt basis. The reverse is not true; only employees whose DUTIES qualify them to be exempt can be paid on a salaried exempt basis. The job title is meaningless - the job duties are what count.

    It IS possible to be considered salaried non-exempt, but in that case you still need to be paid overtime when it is worked.

    What should have happened was that you were paid for the time you were working remotely.
    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.


    • #3
      What exactly are your job duties (what all do you do)? Do you manage any employees? If so, how many? Thanks.

      It does sound like the initial/original change *may* have been illegal.
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