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Exempt vs. non-exempt

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  • Exempt vs. non-exempt

    I was wondering if anyone knows what leg employees have to stand on regarding exempt vs non-exempt status. The reason I ask is that I recently left an employer due to several instances where the employer did not pay overtime sighting that I was an exempt salary employee. However, If I missed any work time that was also taken from me. The employer seemed to be changing my status from exempt to non-exempt as it suited him. Is this legal and if not what can I do considering my former employer is now disputing my unemployment. Any help that anyone can provide would be GREATLY appreciated. Thank you.

    P.S. This position was in the state of Illinois.

    Thanks again.
    Last edited by ocasey14; 07-15-2005, 06:09 AM. Reason: Forgot to mention the state.

  • #2
    While on the basis of what you have posted we can't say if you were correctly classified as exempt, I can tell you that regardless of what state you are in, they don't get to have it both ways. Either you are exempt and you do not get overtime, but you do get your full salary every week no matter how many hours you work (with a very few exceptions); or you are non-exempt and you don't get paid when you don't work, but you do get OT when you work more than 40 hours in a week. They can't have a piece of both pies at once.

    Your recourse is to file a complaint with the state DOL.
    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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