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Exempt Employee Status

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G

Good Fellow

Guest
What is the name of your state? Georgia.

My situation hinges on the definition of an exempt employee. My employer considers my position as exempt, but I'm nopt so sure.

Here's the scoop (I'll try to be brief).

I am a professional that works in the service industry. I have historically been compensated for billable hours worked in excess of 45 per week (non-billable hours do not count and we are not reimbersed for those regardless of how many).

The company has changed the policy. Now, if we work more than 45 billable hours we are instructed to take compensatory time off. (We are payed monthly, they actually tell us to take the time off in the month after the month in which the extra time was worked.) Other potential factors include; I do turn in a timesheet each week that illustrates the activities that I've been involved with, billable and nonbillable, and have in the past been told to take a vacation day whenever a personal need (medical)conflicts with business.

Where do I stand ?? Exempt or nonexempt?? (I believe my employers practice is legal if I am truly an exempt employee but with the precident I'm not so sure.)

Thanks.
 


Beth3

Senior Member
Only an examination of your job duties and scope of responsibilities will dictate whether your job is appropriately classified as exempt and you haven't provided nearly enough information in your post to answer that question.

If you are exempt, then your employer's pay practices are compliant with the law. Exempt employees certainly can be asked to provide time sheets or even punch a clock. Nor does your employer have to ever provide OT pay or compensatory time. The fact that they do so is an employer provided benefit. Many if not most exempt employees work 50 or more hours/week with no comp time. And lost time from work can be charged to any company provided paid time off benefit such as vacation.

It's only if they start actually docking your pay in less than full day increments (except for FMLA) or for reasons not allowed in the FLSA that the employer will run into wage and hour troubles.

The applicable law here is the Fair Labor Standards Act and it outlines the requirements for a position to meet exempt status. You can view the law in it's entirety at www.dol.gov.
 
G

Good Fellow

Guest
Thanks for the advice. From what you've said and what I've read the employer has a great deal of discretion.

Would it make any difference if I added that the employer establishes the schedule and often creates a 6 day work week with an overall "average" of about 65 billable hours per week?? (Hours often go into the 70's in a busy week and this does not include the 4-8 hours of nonbillable time spent handling administrative issues each week.)

Thanks again for your timely and very helpful insights.
 

Beth3

Senior Member
With the exception of just a couple of States, they can schedule you 24/7 if they wish. Same goes for non-exempt employees. The only issue is who has to be paid OT and who doesn't.

Good Fellow, the bottom line is that if you aren't happy with the conditions of your employment, you are free to seek a new position.
 

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