Learned Professional Exemption

[cbg]

I can think of one thing that might keep your company out of trouble, should she go to the DOL, but from what you've said I don't think you have the authority or the power to pull it off without the backing of management and it would cost them money.

That would be for the company to voluntarily, and before they heard word one from the DOL, to do a full audit of their comp systems and job descriptions, and commit to revamping compensation system so that everyone is classified correctly and paid appropriately. Note that paying appropriately does not necessarily mean giving pay raises; I"m not saying you have to do that to be within the law. But you DO have to classify them appropriately and that DOES mean paying overtime. If you voluntarily take on the job (you, the company not you, cricket) of putting yourself back in compliance, the Feds are much less likely to impose fines, or at least the fines imposed with be smaller.

 

[cricketthedog]

Word through the grapevine is that the employee is not going to the DOL, but hiring an attorney. How does this change things?

 

[cbg]

It doesn't.

 

[eerelations]

It just means the attorney will go to the DOL on her behalf. Same result, except it costs her some money to get there. Doesn't make it any cheaper for you.

 

[cricketthedog]

My company with advice from their attorney has decided to pay the employee for a few months back pay and add several duties to her to try to make an exemption apply going forward. I don't really agree with them on this as her duties have been the same for many years. I told them that I think she will go to DOL or get a lawyer, but they said they were doing what is right.

 

[I'mTheFather]

What is your position in the company?

 

[justalayman]

The dol will require her pay be corrected much further back than that plus just tossing some duties onto her position in itself is not going to allow her classification to be considered exempt.


But it's not my money and maybe the employee will accept that.


Now about all those other employees that are improperly classified as exempt...

 

[cricketthedog]

Now about all those other employees that are improperly classified as exempt...

They are just adding duties to them as well to "justify" exemption. No back pay is being offered to them.

 

[justalayman]

They are just adding duties to them as well to "justify" exemption. No back pay is being offered to them.

their core job is what is going to make the difference in whether they can classify her exempt or not. If she continues as she is but simply is given more duties, then it probably is not going to make it a legitimate exempt position.

and if they aren't offering them any back pay, why did you write this:

My company with advice from their attorney has decided to pay the employee for a few months back pay and add sev

those are your words.

 

[cricketthedog]

They are going to pay the woman that complained a few months back pay, but not any of the other employees that were misclassified.

 

[justalayman]

They are going to pay the woman that complained a few months back pay, but not any of the other employees that were misclassified.

tell them to use the savings to purchase bulk quantities of KY jelly because when the IRS and the DOL finds out about the knowing and intentional misclassification that has gone on for years and their actions to attempt to quiet the party that threatened to go to the gov, they are going to feel some pain they aren't likely used to.

 

[eerelations]

My advice to you OP is to start preparing for a HUGE s***storm at your company. And dust off your resume, no matter how much you've warned senior management that this is coming, it's usually the messenger that's canned when the warnings come true.

 

[cricketthedog]

It just means the attorney will go to the DOL on her behalf. Same result, except it costs her some money to get there. Doesn't make it any cheaper for you.

Her attorney will go to the DOL on her behalf? What does this mean exactly? Would the attorney use DOL as a subject expert during trial?

 

[eerelations]

Her attorney will go to the DOL on her behalf? What does this mean exactly? Would the attorney use DOL as a subject expert during trial?

No trial. Instead of her personally filing a claim with the DOL, her attorney will do it for her - for a fee.

BTW, who are you in all this? I would have thought HR, except HR usually knows this stuff. So if you're not HR, why isn't HR involved?