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What next? Texas

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  • What next? Texas

    Seven months ago when I questioned my "exempt" salary status, I was told by our corporate HR manager that I was "exempt" because I was a manager and salaried. I questioned that answer, for obvious reasons, and then two days later I was told that I was "exempt" because of a "professional" exemption. I questioned that since I do not have advanced learning in a known field of science. I am basically a computer help desk technician. Now after more than six months had passed, all the while thinking that my questions were being looked into, I asked for an update to my questions and was told that the information supporting my case was "I have it somewhere in my office. I'll get back with you." They did get back with me within a few days, but now they have changed their stance to "exemption for employees in computer related occupations." Again I have questioned and am now being told that the corporate lawyer is now looking into the matter. I am of the belief that this company does not want me to contact the DOL, is stalling or buying time, or looking for a way out. The DOL only goes back two years and this has been going on for nearly 7 years. What are my options? I was hoping that the company would step up and do the right thing, but now I am doubting that. I have put 23 years into this company and feel taken advantage of. Do I have a case? Can I file a civil suit?

  • #2
    OK, wait. It's been going on for seven years and you questioned it seven months ago?

    It is correct that the federal DOL will go back only 2 years, 3 if the violation is deemed to be willfull. That beats Texas though, where you have only 180 days. Whether or not an attorney could go back any further than the federal DOL you'd have to speak with the attorney about.

    IMHO, minimally, I'd file with the federal DOL now. They're grasping at straws.
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    • #3
      Ace in the hole!

      This thing keeps getting better all the time. This week I was asked to provided a list of my job duties and I was given a job description that was written some 20 years ago and to cross out anything that didn't pertain to me. The description was littered with x's! They are acting like they would like to resolve this matter, I still have my doubts. Then I came upon a document from the corporate Director of Human Resources, written to all division HR managers, division managers and our corporate lawyer entitled "FLSA: Job Title Changes." "New regulations within the Fair Labor Standards Act designate that all “trainee” positions are non-exempt. In other words, employees in “trainee” positions will qualify for overtime. Therefore, we need to change the job titles of any "trainee" positions to "Production Supervisor I." It was written in August of 2004. I am no attorney, but this looks pretty damaging, willful and blatant.

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