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Mandated training and no pay Connecticut

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  • DAW
    replied
    Sure. Any employee can be Non-Exempt. Microsoft could make Bill Gates Non-Exempt if they wanted to. However, not all employees can be Exempt. Basically the employer is required to make an affirmative argument that the employee not only qualifiies for one of the many (at least 100) Exempt catagories but the employer is legally responsibile for defending the classification if needed in court or administrative procedure.

    The default is that the employee is subject to both overtime and minimum wage. This is a function of the federal FLSA law. Some employees are potentially exempt from either overtime, minimum wage or both.

    Most of the Exempt catagories are oddballs. They are real but they tend to be very industry specific. Sheepherders. Fishers. Movie theater attendants. Mechanics who work for auto dealers (but not mechanics working in gas stations). Many, many others.

    There are also some very general exceptions called the White Collar exceptions. The three big ones are Administrative, Executive, and Professional. When most people talk about Exempt, that is what they are talking about. These exceptions all require a salary of at least $455/week, and have docking restrictions on the salary.

    I am not going to get into the details (read the factsheet I referenced), but many medical employees fall under the Professional exception. Many do not. The classification is potentially highly technical and outside of my normal area of expertise, not having ever worked for a company that employed medical people before. I know for example that RNs may be Exempt if certain conditions are meet, but nurses who are not RNs may not. I know that if you have a medical doctor paving your driveway, he/she is Non-Exempt because he/she is not playing doctor while they are paving your driveway. The rules can be very complicated.

    You previously said that you were Non-Exempt. If so, it is very likely that you must be paid minimum wage and overtime. It is generally to the employee's advantage to be considered Non-Exempt.

    On last complication. People like to think that you have employees who or either fully Non-Exempt or fully Exempt with nothing in between. The reality is quite a bit more complicated. Our auto dealer mechanic does not get paid an overtime premium, but must be paid straight time for all hours worked past 40 in the work week, and must be paid minimum wage for all hours worked. This is not what most people think of as Exempt.

    Leave a comment:


  • PT77
    replied
    Professional Exemption?

    What would the professional exemption be? I don't understand all the aspects of being exempt I guess. Could you explain a little so I can explain it to my co-workers?

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  • DAW
    replied
    Just to pick a nit, there are many types of Exempt classifications, only one of which (Excecutive) requires supervision as a responsibility. If your management is treating you as Non-Exempt, then you are, but since you are a therapist there is at least a possible that the Professional exception could be in play. Assuming that you are Non-Exempt, the following is the related rule.

    http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm

    Lectures, Meetings and Training Programs: Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed.

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  • PT77
    replied
    Non-exempt

    I am non-exempt as are my co-workers. We are hourly with no management roles...staff therapists.

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  • cbg
    replied
    Are you exempt or non-exempt?

    Leave a comment:


  • PT77
    started a topic Mandated training and no pay Connecticut

    Mandated training and no pay Connecticut

    I am a therapist in a nursing home and work for a contracted therapy company. My employer is requiring us to attend a 3 hour CPR training course on our own time at our own cost. CPR certification is not required by my state licensure or by the actual building that I work in...it is the policy in fact that the therapists not perform CPR in this building...can my company legally not pay us for the time or cost of the training?
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