Job Description Question and Exempt Status

[Publicemployee]

What is the name of your state (only U.S. law)? California

I have two questions: when I was hired, my employment contract clearly stated that I would not be doing job xyz. About a year later, my employer changed my job description to include job xyz. The biggest issue is job xyz happens to be almost a full time job in itself, and the pay rate I agreed to was a reflection of the fact that I would not be performing that job. There was no change or adjustment made to my pay scale. I didn't sign any paperwork or agree in writing to do job xyz. I have worked almost five years at this job and have been performing both the job I was hired for, plus job xyz. It was made clear to me that I had to do this second job in order to keep my job, and it is now deemed a vital part of my position. For the record, job xyz is something our clients pay upwards of $500/month for me to do, so my employer is making $3-4k/month. I am employed by a municipality.

My next question involves my classification as exempt (I'm sure everyone asks this!). My job is primarily manual labor. I have no employees. I once had an employee (almost) who worked on days I didn't work, but he reported to my supervisor. I do not make decisions that impact the "company" (or town in this case). I have to request authorization for purchases, even as little as $5, and the order is placed by someone else. I do not decide who to hire/fire (assistant was hired without even notifying me). I do get to decide what I do during my work days, but I am required to be on site from 8am -5pm, even through lunch breaks. I am paid $56k/year so I do meet salary requirements. I work an average of two hours of o/t per day, and get on avg one lunch break per week. I have tracked over 2000 hours of overtime at this job and have tracked all lunch breaks. There have been several occasions when I worked for two+ weeks in a row with no days off. So the age old question: am I exempt?

I have spoken to a few lawyers, but they said it was a close call. To me, it seems pretty clear that the oly thing that classifies me as exempt is my pay and ability to decide what to do during the day. Can anone shed some light on these matters?

 

[eerelations]

What exactly do you do? Not just your job title but what you actually do at work.

Also, when you say contract, what do you mean - a formal contract or an offer letter? I'm just a little surprised that a manual labourer would get a contract.

Finally, you call yourself a public employee - does that mean you're employed by the state or a municipality? The federal government? Are you unionized?

 

[Publicemployee]

My job title is Barn Manager. I work for a city in California. They own property with a working horse boarding facility and my job was initially to: do repairs on the facilities, cover for contractors when they don't show up (stall cleaning, feeding horses), I drive heavy machinery to perform maintenance on riding arenas, I repair broken pipes, I repair broken jumps, I clean the bathroom, shower and kitchen. I coordinate care with the horse owners, make sure everyone is following rules, I take care of some of the billing of clients (double checking its correct), I schedule vet/farrier visits, I administer medications and do some first aid. I coordinate with the city when they hold public events and make sure the facilities are clean and tidy. I advertise for the barn, bring in new boarders.

I have a formal contract. At the time, I was running my own training business and decided to take this manager job for the benefits. M contract says, "the barn manager will not participate in the training or teaching of horses or riders at BARN". Two weeks into the job, the city manager told me to start training and teaching again. To avoid what they say is "conflict of interest", the people pay the city for my services. The CM verbally told me he wold give me bonus credits each month for this work, since it is a lot of work and they can't pay me a commission for fear of COI clams. I have never received any bonus credits, but that's my fault for not getting it in writing.

I recently found out they changed my job description to including teaching and training. I spend approximately 6 hours a day riding horses, grooming them, and all the associated jobs with training. I teach 4 - 5 students a day, which involves moving heavy jumps around the arena. At this point my job is primarily as trainer, secondarily as barn manager.

I use my own equipment to perform this job, and the city will not reimburse/purchase new equipment to replace what has broken or worn out. I will be taking 11 horses to a show in May for two weeks, and will be working 16hr days for 15 days in a row. The city will make about $16k.

It's an unusual job and situation

 

[eerelations]

I think your job is probably exempt. While you do a lot of manual labour, your responsibility load is that of a management-level employee.

 

[justalayman]

If you have a formal contact, your duties and obligations are that which are incorporated in the contract. If it does not include training, specifically, or by reference to performing all duties assigned to some job title or classification, then you should not be doing training. As such, whether they can demand you train would likely mean you will have to have a lawyer review your contract and give you an opinion.

I use my own equipment to perform this job, and the city will not reimburse/purchase new equipment to replace what has broken or worn out.

what does your contract say to the issue? If you are not required to provide your own equipment, per the contract, then don't provide your own equipment. If you are required to use your own equipment but they are not responsible to repair or replace it, then they are not required to repair or replace it. It would be a tax deduction item for you as a job expense.

 

[commentator]

And you are in that old position of "my boss slapped my face last year." The time to re-negotiate pay and job duties are when they are actually changed and expanded, not a year or two later when you've been doing them without complaint all this time. I agree that the job sounds very much like an exempt salaried position to me. There is a lot of discretion as far as what you do and when you do it, in spite of the "manual labor" aspect of it all. A raise in salary might be negotiable and nice to have, but as far as a genuine complaint about your poor pay and many hours, I don't think you'll get anywhere. It sounds like your city is in that state so many are in these days, and in the last few years, they don't have a lot of money, are trying to save it where they can.

 

[User1234567]

1. find a form for re-class on your HR web site and file the form with your additional duties and new job desc. HR will have to "interview" you for re-class and make a decision if you are in fact should get a new position + more pay.

2. for exempt - sorry, no needed to record overtime...exempt means 24/7 on call for the same salary. I know it's not fair as some other exempt people work 2 hour per day while the others put 10 hours.

I hope this helps.

 

[Proserpina]

1. find a form for re-class on your HR web site and file the form with your additional duties and new job desc. HR will have to "interview" you for re-class and make a decision if you are in fact should get a new position + more pay.

2. for exempt - sorry, no needed to record overtime...exempt means 24/7 on call for the same salary. I know it's not fair as some other exempt people work 2 hour per day while the others put 10 hours.

I hope this helps.

No, that is NOT what "exempt" status means!

 

[User1234567]

No, that is NOT what "exempt" status means!

I am exempt, for state...I know. If they call me in at midnight...I go to work or do work from home if I can.
there is no overtime pay.

 

[Proserpina]

I am exempt, for state...I know. If they call me in at midnight...I go to work or do work from home if I can.

No, you know only what it means for YOUR status.

But your general definition is absolutely NOT correct.

 

[User1234567]

No, you know only what it means for YOUR status.

But your general definition is absolutely NOT correct.

Who cares about its definition? This person in the situation is exempt and wants to get overtime pay. But there are no $$$ overtime coming.

 

[Proserpina]

Who cares about its definition? This person in the situation is exempt and wants to get overtime pay. But there are no $$$ overtime coming.

Oh, I'm sorry.

I thought we were on a legal forum trying to give accurate information.

My bad.

(For the record, in some situations even exempt employees are legally entitled to overtime pay. But I guess that's moot, huh?)

You're welcome.

 

[User1234567]

Oh, I'm sorry.

I thought we were on a legal forum trying to give accurate information.

My bad.

(For the record, in some situations even exempt employees are legally entitled to overtime pay. But I guess that's moot, huh?)

You're welcome.

I would like to hear details about "some situations", so I get my $$$ next time. So please tell me... The only thing is possible to get some informal time off after working extra days.

 

[cbg]

Actually, that's not correct. There are NO circumstances in which an exempt employee is entitled to overtime pay. That's the very definition of an exempt employee.

It is true that some salaried employees are entitled to overtime pay, if they are salaried non-exempt. It is also true that some hourly paid employees, in the computer and professional exemptions, are exempt.

But while it can be sometimes a grey area as to whether a job qualifies as exempt or non-exempt, it is black and white that non-exempt = overtime; exempt = no overtime.

 

[Proserpina]

Actually, that's not correct. There are NO circumstances in which an exempt employee is entitled to overtime pay. That's the very definition of an exempt employee.

It is true that some salaried employees are entitled to overtime pay, if they are salaried non-exempt. It is also true that some hourly paid employees, in the computer and professional exemptions, are exempt.

But while it can be sometimes a grey area as to whether a job qualifies as exempt or non-exempt, it is black and white that non-exempt = overtime; exempt = no overtime.

I wholeheartedly apologize.

(Late, sick, whatevs )