Change in Status...exempt vs. non exempt

[hubsy17]

What is the name of your state? Pennsylvania

Over the 2002 holidays, I worked extensivley on a project that required overtime. After I had submitted the correct forms to recieve the OT, I was notified that my status had previously been changed from non-exempt to exempt. Can they change my status without notifying me?

 

[cbg]

Nothing in the law requires them to notify you.

However, they can't just change your status from non-exempt to exempt because they want to get out of paying overtime. In order to qualify as exempt, your job duties must qualify for an exemption (thus the name of the status) under the Fair Labor Standards Act. ANYone can be non-exempt. They can legally make the CEO non-exempt as long as they pay him the overtime. But to be exempt, you have to qualify under the statute.

If you do qualify, then what they have done is not illegal. It would have been nicer of them to notify you ahead of time but that's not a requirement. If you do not qualify as exempt, though, then what's illegal is not in making you exempt without notifying you. It's in making you exempt at all.

Obviously since you have not told us what your job duties are, we can't say if you are correctly classified as exempt. However, you can take a look at the exemption qualifications on the DOL web site (www.dol.gov) under FLSA.

 

[Beth3]

Yes. But under these circumstances, it would certainly behoove the company to make sure the position you're in does meet all the criteria for exempt status.

They didn't switch you back to non-exempt after this project was completed, did they?

 

[Beth3]

Posting at the same time again, cbg.