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Are Construction Superintendents exempt? Florida

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  • Are Construction Superintendents exempt? Florida

    The DOL provides this:
    Blue Collar Workers
    The exemptions provided by FLSA Section 13(a)(1) apply only to “white collar” employees who meet the salary and duties tests set forth in the Part 541 regulations. The exemptions do not apply to manual laborers or other “blue collar” workers who perform work involving repetitive operations with their hands, physical skill and energy. FLSA-covered, non-management employees in production, maintenance, construction and similar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers and laborers are entitled to minimum wage and overtime premium pay under the FLSA, and are not exempt under the Part 541 regulations no matter how highly paid they might be.

    We currently pay our superintendents as salary exempt - however, we dock their weekly pay if they do not work a full week due to early completion of their project.

    Please advise.

  • #2
    One last question - can a construction superintendent be classified as exempt? Is he considered "blue collar", therefore not qualified to be exempt?

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    • #3
      These Superintendents do not supervise other employees of ours - they do supervise our subcontractors though and have the ability to hire or fire them.

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      • #4
        There are white collar jobs that are not considered exempt, too. It is the actual job duties that qualify an employee to be exempt.

        However, even if we assume that their job duties qualify them as exempt (and it is not yet clear if that is the case) if you are going to dock them when they do not work (unless the not-working is entirely voluntary) then you must pay them as non-exempt. An exempt employee CANNOT be docked for non-voluntary period of not working.

        BTW, you only need to ask the question once. It may take a few hours since the board is staffed by volunteers, but you will not get more or better answers by posting multiple times.
        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.

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        • #5
          Agreed. Past that, there are something like 100 or so Exempt classifications under the federal FLSA law. There are exactly 4 of the exception which have a Salaried Basis requirement (Administrative, Executive, Professional, IT Professional).

          No employer is ever forced to make any employee Exempt. Microsoft can treat Bill Gates as non-exempt if they want to. HOWEVER, if the employer chooses to treat an employee as Exempt Salaried THEN the employer is required to follow the 29 CFR 541.602 rules on docking the salary. It is like being pregnant. There is no middle ground. You either are or you are not. If you want to treat these employees as Salaried Exempt some of the time, then you are legally required to treat as Salaried Exempt all of the time. What you are describing is your company wearing a "please kick me" sign and encouraging those employee to file wage claims for unpaid overtime. You are indicating that your company has no intention of following the 541.602 rules. Which is fine. But it means that these employees are legally non-exempt and subject to (among other things) paid overtime.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Also you should have asked this in your original post on this subject. In that post you seemed to be convinced that they are exempt, and our answers were based on that premise. You evidently don't like our answers and are now questioning their exempt status, in a different forum! A strategy designed to confuse us, possibly enough so that we end up appearing to support your exempt/non-exempt mashup, so that when the wage and hour people come calling you can say it's not your fault, it's ours!

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            • #7
              I apologize to you all! Certainly not my intention to upset or confuse you. There is so much info. out there and as I researched it I found more things to ask you about. Won't happen again.

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              • #8
                Oh yes that really explains your multiple threads...

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                • #9
                  Wow! Nice answer. I was on multiple threads trying to find an answer. I got it, loud and clear - maybe your low tolerance level should keep you from trying to HELP people.

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                  • #10
                    You got your answer three or four times on your first thread. Which means you already had your answer before you started all the other threads. So sorry, saying that you started all the other threads because you were looking for an answer simply doesn't make sense.

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                    • #11
                      The same responders answer all the applicable forums. Posting multiple threads will not get you different responders. It will not get you more or better answers.

                      It will, however, as you have seen, annoy the responders who have limited time and do not want to keep reading/responding the same issues over and over.

                      You have been given your response. What you have been doing violates the law. You need to either pay them as non-exempt and pay the subsequent overtime, or pay them as exempt and pay their FULL salary EVERY week.

                      If you have additional questions, please ask them in one of your existing threads. Otherwise, it's time to move on - the answer is not going to change.
                      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.

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                      • #12
                        For the last time - I WAS NOT trying to get different answers from different people or trying to get the outcome of my question to change! You people are rude - and frankly, have ruined my day.

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                        • #13
                          goose13, it does get confusing when you ask your question(s) more than once (when you ask them in multiple threads). Also, we don't want several threads going with the same question(s).

                          Time to close this thread.
                          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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