Non Exempt to Non-Exempt to Exempt - Misclassification? Retro OT Pay?

[notgoodenough]

What is the name of your state?What is the name of your state? California

Hi,

I would like to see if there is substance to this situation, where Retroactive Overtime may be due. I Reside in Northern California

I was hired in November 2002 Hired as a Non-Exempt, Non Union Employee. (Entitled to Overtime) Approximately 4-6 months later (with changes to job description, but NO job duties change, my position was classified as an Exempt employee. (Job Title Changed / Job Description Changed / Job duties remained the same.)

Effective August 2005, the company change our status from Exempt to Non-Exempt Status, which says that we are not entitled to overtime. (NO Job Title changed / NO Job Description / No Job Duties Change .

The Company claims that the Exempt to Non-Exempt status change was a result of new laws that governed our jobs. The company has provided me with a Personalized Employee Statement that shows my exemption status from Exempt to Nonexempt, and it indicates my job title did NOT change.

The company did send a questionnaire out to approximately 1,300 employees in 170 jobs in administration exempt positions in Northern California about April 2004. I received the questionnaire from my manager along with the appropriate instructions. In addition, when I received it, it was pre-filled out by my manager and were expected to fill out information where needed and return to our managers. The document also did include the following statement: “The laws governing exemption from overtime are designed to protect employees. (The Company) must insure that, unless strict conditions are met, an employee must be paid for overtime hours in excess of eight (8) in a day and over 40 in a week. Like all other employers, we must ensure that the exempt jobs meet the rigorous standards set under these laws.”

My question is: There are at least 50+ employees involved under my same job titles (and 1,300 employees in 170 jobs in Northern California), and for many of us, we were not compensated for any overtime; given the impression that we were exempt. Are we (the employees, both current and former employees) entitled to retroactive overtime pay given that it appears that our exemption status has changed?

 

[cbg]

Just so that you know, your job TITLE has nothing whatsoever to do with whether you are exempt or non-exempt, and the laws regarding who is exempt and non-exempt DID change in August of 2004. Your employer is not making it up.

Whether or not any back overtime may be due will depend upon whether or not the job could legitimately be considered exempt. It is ALWAYS legal to make a job non-exempt. If the job could legitimately be exempt and they are choosing to make it non-exempt, no back overtime is due. On the other hand, if the job should never have been exempt in the first place, back OT MAY be due.

Since you have not given us any clues as to what your job duties are (it is your job duties, not your job title, that determines whether your are exempt or non-exempt) we can't say if your job qualifies for exempt or non-exempt. But if you believe that you were incorrectly classified and that you are due back overtime, the place to start is with the US DOL.

 

[notgoodenough]

November 2002 - Project Assistant

4-6 Mos Latter - Project Specialist

August 205 - Project Specialist

 

[cbg]

That tells us absolutely nothing. Your job title is meaningless in terms of whether you are exempt or non-exempt; it's what your job duties are.

 

[notgoodenough]

PROJECT ASSISTANT JOB DESCRIPTION:

Monitors project management process from project inception through completion to assist Project Manager in ensuring that project(s) are completed on budget and on schedule. Reports on progress at appropriate local market meetings. Reviews, records and verifies consultant / contractor invoices, including all change orders and amendments for: accuracy, contractual terms and project funds available prior co obtaining appropriate approval levels for payment. Provides ongoing database maintenance for reports, analysis of project budgets, workload, and on-line project status related to costs, schedule, and agency requirements. Manages project close-out process as it relates to substantial completion, final-costs, receiving as-builts, consultants post-evaluations, terminating contracts, verified reports and all close-out- document required for design & construction projects. Provides general administrative support to project team including project coordination, field conditions, and construction office management, including budget expenditures for office supplies and equipment. Responsible for maintaining a safe working environment in the project office as required. Establishes and maintains professional working relationship with other departments and individuals who are critical resources for supplying data. Interface with state and local regulatory/permitting agencies for the purpose of tracking/follow-up on permit applications.


PROJECT SPECIALIST JOB DESCRIPTION:
Provides technical support for multiple building, maintenance and renovation projects. Under supervision, coordinates needs and requirements of department managers regarding office space, move dates, furniture, equipment, telephone/data equipment and post move adjustments. Provides technical support to Project Coordinators and Project Managers as they manage multiple planned and unexpected renovation projects and moves. Establishes time frames and assists in the organization and priority of their assigned projects. Selects and coordinates correspondence and service requests to scope, design, construct and complete projects with appropriate departments and staff personnel. Assists in managing consultants and contractors. Tracks scope, design, funding, and construction schedule to prepare project for completion. May conduct site visits to monitor progress of work provided by contractors and consultants. Resolves project issues and insures timelines are met. Coordinates with vendors and internal staff for moving services, equipment deliveries, repairs, and refinishing of furniture. Facilitates and coordinates purchase requests, deliveries and vendor payments by maintaining a database to support these activities. Supports the managing of Capital Projects Team operating budgets.


NOTE: What represents what more of the current job duties are is the PROJECT ASSISTANT JOB DESCRIPTION

 

[notgoodenough]

Any other comments on this issue... Please assist

 

[pattytx]

If you are acting as a Project Assistant, this sounds like a nonexempt position to me. Contact the California Division of Labor Standards Enforcement for guidance.

 

[notgoodenough]

Any other addiotional Comments?

Any other addiotional Comments? Suggestions?

 

[pattytx]

Guess I'm all you're gonna get. I imagine if someone had disagreed with me they would have posted.