Salaried Exempt

[baileyake]

What is the name of your state (only U.S. law)? Idaho

The HQ of the company I work for is located in Massachussetts, the division I work for is located in New Hampshire, and my office is in Idaho.

We are a software company with about 30 employees in my office. All employees have been designated as salaried exempt, whether they be management, developers, support, telemarkets or administrative.

My role is a hodge-podge of systems administrations, technical support and consulting. I supervise 2 employees and answer to our branch manager.

The company I work for does not offer sick time. We are allowed vacation time, but it does not accrue, and if I were to leave the company I would not be paid the unused balance. They believe that overtime is a necessity.

I have read through the definitions of what qualifies for exempt status and do not believe that there is anyone at my office, aside from a few inidividuals, that qualify. How can I know for sure whether I should be exempt or non-exmpt? IfI should not be labeled as exempt, what can I do about it?

To date I have averaged 8 hours of overtime each week, approximately 88 hours so far this year.

 

[swalsh411]

Have your brought the matter to the attention of your HR department?

 

[baileyake]

Have your brought the matter to the attention of your HR department?

I have not, but another employee did a few years back (she is no longer with the company) and she was told that she was welcome to fight it.

I don't want to rock the boat, especially in this economy, but I want to know my rights if I have a good case.

At one time we were also told to not log overtime on our timesheets.

 

[cbg]

You are free to address the matter with the state DOL. Since you work in NH, that is the state DOL you would contact.

 

[ecmst12]

OP works in Idaho.

 

[cbg]

Sorry, I misread it. Then he would contact the ID DOL.

 

[baileyake]

I contacted the Idaho Department of Labor, which referred me to the USDOL, which then referred me to the Portland OR - WHD - District Office. What a mess! So far I have not been able to get anyone to actually speak to me regarding this subject.

 

[cbg]

If you supervise two employees, there is a very good chance that you are exempt.

 

[Betty]

You might want to take a look at this link & review the executive (since you supervise 2 employees) & administrative exempt categories & see if you might fall under one of them.


http://www.dol.gov/whd/regs/compliance/fairpay/main.htm

 

[las365]

Google "Idaho overtime lawyer" and you can find an attorney to talk to who can help figure out whether you are properly classified as exempt. You can probably get a free consultation.