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    My husband spoke with his GM about the fact that he was being treated as a salaried exempt employee when he was in fact a salaried non-exempt employee.

    His GM called the labor board and found out that if he wasn't making the $455 per week even if he met the other requirements for an exempt employee, then he was indeed supposed to be paid overtime as he wasn't considered an exempt employee.

    The GM is in the process of figuring up just how much backpay my husband is owed, and says that he should have a resolution by his next payday, which is the 20th.

    Now, whether they will continue him as an exempt salaried employee (which is how they've classified him all along) and pay him at the $455 rate, we don't know. His paycheck today was still for $416 per week. Hopefully, his next check will either have overtime calculated on it or his pay rate will be $455 per week.

    Also, the GM was doing some rough figuring and my husband is owed over $3,000 in backpay going by the exempt ($455 per week) status. He did state that it would be cheaper for the company to go back and give my husband the $455 per week than to figure all his overtime hours and pay him for that overtime, so we think that's the route they're going to go. This last 2 week pay period (the one that will be paid on the 20th) he had 51 hours of overtime in 2 weeks. 32 in one week, 19 in the other.

    Hopefully, it will be resolved in a couple of weeks. If not, I'll come back and let ya know and have more questions I'm sure.

  • #2
    If his duties did not qualify him for exempt status, then going back and paying him $455/week is not going to fly. In order to be exempt, he has to qualify under the duties test AND have a salary of at least $455/week.
    http://www.dol.gov/esa/regs/complian...a_overview.htm
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by Pattymd
      If his duties did not qualify him for exempt status, then going back and paying him $455/week is not going to fly. In order to be exempt, he has to qualify under the duties test AND have a salary of at least $455/week.
      http://www.dol.gov/esa/regs/complian...a_overview.htm
      Thanks patty. His duties do qualify him under the Administrative exemption I believe. He's a Front Desk Supervisor at a major hotel chain. I understand that the job title isn't what allows you to be an exempt employee, but the duties that you do under that job title. As an example, his duties include, but are not limited to:

      1.) Managing the influx of customers checking in and out of the hotel
      2.) "Office" work (such as inputing data, taking reservations, shift paperwork, answering faxes, answering incoming calls, etc. No manual labor is involved at all, unless he has to go to a guest room to check an A/C or TV or phone that seems to be on the blink).
      3.) Reserving banquet rooms for receptions, meetings, etc. and setting the prices on a case by case basis.
      4.) Setting prices for rooms that deviate from the hotel's set rates (only he and the GM have the authority to do this).
      5.) Scheduling of the front desk employees.
      6.) Approving time off requests by front desk employees.
      7.) Setting monthly goals for the hotel to acheive based on previous years sales and working with the other front desk staff to acheive those goals.
      8.) Implementing front desk customer service policies that he and the GM come up with.

      When he first started, he was the Night Auditor/Night Manager and his duties were the same as above, except for the banquet room scheduling. That was the Assistant GM's job. He did only the 3rd shift employees schedules then (which was a no-brainer really as it was him 5 days a week and the other person 2 nights a week. He worked Sunday night thru Thursday night and she worked Friday night and Saturday night). At that time, the hotel had a GM, an Assistant GM, and the Night Manager (which was my husband). Now, all they have is the GM and my husband in managerial positions. There's no Night Manager and no Assistant GM. Now that I think about it, my husband is the only member of the front office/front desk staff still employed that was there when he started!

      Perchance, do you also post on another board that cbg does? I posted there about the situation, and was told about the Belo plan by someone named patty. If that was you, hi! I came here and posted and didn't notice that cbg was here also until I started reading around after I'd made my initial thread. If so, I'm glad you 2 are over here as well. My ex reads that other board just looking for posts by me, and that's why I came over here. Long, drawn-out drama with him, but someone printed off about 100 pages of posts of mine on the other board and sent them to him and he's been going there ever since. I was referred by a friend that posts over here after I'd made my initial post there and wanted to post any followup questions somewhere my ex wouldn't know about, and use a name he doesn't know me as.

      Thanks for all your help thus far.

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      • #4
        Yep, that's me. I've moved. A lot!
        Thanks.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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