Overtime Mandate

[neddrah]

What is the name of your state? Texas


I am employed with a company that is requiring overtime and my employment status is listed as exempt, but I am not within the guidelines of job duties to be listed as exempt. I should be a non-exempt employee. How should I handle this situation?

 

[Beth3]

Speak to your employer and ask them to review your FLSA status as you believe your position should appropriately be classified as non-exempt. If they refuse or you don't agree with the results of their analysis, then you may file a complaint with your State's department of labor/wage and hour division.

You could file a complaint now but nothing in your post suggests your employer has engaged in any willful violation of the Fair Labor Standards Act, consequently my advice is to have a dialog with them first. It's also possible your interpretation of the guidelines is incorrect and theirs is. There are certainly some gray areas in this aspect of the FLSA and some interpretation and experience is often necessary to make the right call.

 

[neddrah]

I am quite sure that my company is aware of the exempt / non-exempt violation. We fill out weekly timesheets even though we are salaried. I used to put my actual hours on the timesheet and was told a couple of months that want me to only show 40 hours a week - no overtime hours. I am afraid I will lose my job if I approach them on my status. They used intimidation and threats to manage their employees.

 

[Beth3]

The fact that they have their exempt employees fill out a weekly time sheet doens't mean anything. Nor does the fact that they told their exempt employees not to put down more than 40 hours. Those are simply methods for tracking billable hours to9 clients and/or for tracking vacation, sick days, etc. None of that is evidence that they are willfully violating the FLSA.

 

[Beth3]

The fact that they have their exempt employees fill out a weekly time sheet doesn't mean anything. Nor does the fact that they told their exempt employees not to put down more than 40 hours. Those are simply methods for tracking billable hours to clients and/or for tracking vacation days, sick days, etc. None of that is evidence that they are willfully violating the FLSA.