Illegal or just poor business practice?

GeishaGhoul · Jul 19, 2006

What is the name of your state? OH

I'm unsure what's going on here, but I hope someone can help me and I apologize if this is in the wrong area.

Recently, I have been switched from a salaried non-exempt employee to an hourly employee not eligible for overtime. People in my office have been made privy to this information, and I'm quite upset about it. To me, whether I'm hourly or salaried is no more anyone else's (save my supervisors, naturally) business than my pay rate.

So, my question is this: Is the HR person or partners sharing this information illegal or just shoddy business practice?

Any insight that can be granted will be greatly appreciated.

Thanks,
Tiffany

BelizeBreeze · Jul 19, 2006

There is nothing illegal about sharing your information with the office, the janitorial staff or with the customers although it is in bad taste.

cbg · Jul 19, 2006

In fact, if they wanted to take out a billboard on US Route 30 with the information it would be legal.

I can't think why they believe anyone would be interested, but they may share it with anyone they choose.

justalayman · Jul 19, 2006

While the others are correct in answering your actual question, my question is:

are you doing the same job as before and are you properly classified as exempt now?

GeishaGhoul · Jul 20, 2006

justalayman said:
While the others are correct in answering your actual question, my question is:

are you doing the same job as before and are you properly classified as exempt now?

No, I am simply an hourly, non-exempt employee. My job title, duties, etc. have all remained the same. I was changed from salaried to hourly because of medical reasons.

cbg said:
I can't think why they believe anyone would be interested, but they may share it with anyone they choose.

Unfortunately, everyone in the office is interested. I work for a VERY small company where the main order of business is gossip and seeing how much dirt one can get on a co-worker. Being the newest addition to the office, I'm at the top of the interest list.

Thanks to all for the replies.

pattytx · Jul 21, 2006

She said "salaried nonexempt to hourly", not nonexempt to exempt or exempt to nonexempt. I didn't get from her post that she ever was classified as "exempt".

justalayman · Jul 21, 2006

pattytx said:
She said "salaried nonexempt to hourly", not nonexempt to exempt or exempt to nonexempt. I didn't get from her post that she ever was classified as "exempt".

switched from a salaried non-exempt employee

hourly employee not eligible for overtime.

Am I misunderstanding the situation?? Would not "not eligible for overtime" infer an exempt classification??

Unless;
the OP means that they are not allowed to work any time that would end up being overtime, then I misunderstood the statement. I read it that they were not required to recieve OT pay ("not eligible" as in exempt).

GeishaGhoul · Jul 27, 2006

justalayman said:
Am I misunderstanding the situation?? Would not "not eligible for overtime" infer an exempt classification??

Unless;
the OP means that they are not allowed to work any time that would end up being overtime, then I misunderstood the statement. I read it that they were not required to recieve OT pay ("not eligible" as in exempt).

I was told any overtime I would work, I will not receive ANY pay for it, straight time or anything else. Hope this clears things up.

justalayman · Jul 27, 2006

GeishaGhoul said:
I was told any overtime I would work, I will not receive ANY pay for it, straight time or anything else. Hope this clears things up.

Well that is just not going to work.

As a non-exempt employee, you are required to recieve overtime pay for any hours worked over 40 per week. Let alone the idea of NO pay whatsoever for it. It just isn;t going to work.

That is not a choice the employer can make. It is not one of the options in the multiple choice question.

So actually, it cleared up my questions and concerns but it surely does not clear up your situation.

Unless you fall into a catagory that would make you exempt

from the DOL.gov website:

The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.

However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees.. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee_s specific job duties and salary must meet all the requirements of the Department_s regulations.

See other fact sheets in this series for more information

To qualify for exemption, employees generally must be paid at not less than $455 per week on a salary basis. These salary requirements do not apply to outside sales employees, teachers, and employees practicing law or medicine. Exempt computer employees may be paid at least $455 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.

Do you fit the bill to be classified as exempt?

pattytx · Jul 28, 2006

Switched from salary nonexempt to hourly. Ever exempt? Can't tell, but that's not what I read.

Also, the employer can choose to treat any employee as nonexempt, even the CEO if they want to. The law says what criteria must be met to treat the employee as exempt. It does not say the employer must do so.

However, I do agree that, if you are now nonexempt, you must be paid overtime. And when you were "salaried nonexempt" you had to be paid overtime as well.

justalayman · Jul 28, 2006

pattytx said:
Switched from salary nonexempt to hourly. Ever exempt? Can't tell, but that's not what I read.

.

just a lucky guess on my part, pattytx.

or my extremely astute powers of deduction

The OP simply wrote as he felt he did not belong in an exempt catagory.

pattytx · Jul 29, 2006

Ah, so THAT was the question.

Illegal or just poor business practice?

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GeishaGhoul

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