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exempt/non & fringe at a not for profit New York

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  • exempt/non & fringe at a not for profit New York

    Please help. I have been searching on this and the deeper I search the more confused I become. I am chairing an HR committee (voluntarily) at a local nfp in NY - a therapeutic riding program.

    Here are the facts:
    1) there are 3 ft employees - 1 program /exec director, 1 admin asst, 1 barn manager.
    2) currently all are classified as salaried/exempt
    3) I beleive that the program director and admin asst meet the definitions of salaried/exempt
    4) Barn manager is only making $ 11,800 per year. SHe DOES receive a free home. paid utilities, insurance, free vet care and board of her horse.
    5) program is seasonal - March - November.
    6) her duties include supervising 2 part time employees, supervising barn volunteers in season, recomendations on horses and purchase of horses for the program. She makes recomendations for medical care (ie: does some minor things on her own, or calls vet) She cannot hire or fire. She has extensive horse knowledge, but it is not technical nor medical.

    Obviously we have a problem in that her salary doesn't even begin to meet the acepted salary for an exempt employee. I am suggesting to the board we make her salaried non-exempt, or hourly.

    Questions are:
    1) if we make her non-exempt, we need to bring up her rate to be at least minumim for 40 hours? IS that correct?
    2) I don't think her current duties classify her to be exempt, or are the exemptions different for NFP's
    3) can we count her board, utilities, house, etc towards minimum wage credit (add about another $ 1100 per month to her salary)

    As I see it, we need to:
    1) Bring up her hourly rate to be at least min wage (in NY $ 7.15), and make her salary, non exempt.

    I cannot come up with other options, but this is a not-for profit, so money is tight,,,any other ideas would be appreciated.

    I have looked into going the agricultural route, but don't think this qualifies....

    Thanks..I ahve posted on other sites and they have been helpful, but I find the language all very confusing, and if I re-wrod it like I have here, maybe someone can give me a concise answer.

    Thanks again

  • #2
    I took a look at the BNA payroll library (a paid service) and an finding the following problem. If this test fails, then facilities cannot be counted towards fufilling the minimum wage and overtime requirements.

    “Primary-Benefit” Test
    Facilities must be primarily for the benefit and convenience of employees to be counted as wages. Facilities may be counted as wages only where employees accept them voluntarily and are given the option of declining the facilities and receiving the full wage in cash.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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